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30 Sep 2023, 8:04 am by Alessandro Cerri
 The Board began by noting that 'distinctive character', for the purposes of Article 7(1)(b) EUTMR means that the mark applied for must 'serve to identify the goods or services for which registration is sought as originating from a particular undertaking and thus distinguishing the goods or services from those of other undertakings' (applying the decisions of the Court of Justice of the European Union (CJEU) in Torches, C-136/02,  Das… [read post]
26 Sep 2023, 9:24 am by Marcel Pemsel
EU trade mark law knows three kinds of trade marks: individual marks, collective marks (Art. 74 EUTMR) and certification marks (Art. 83 EUTMR): An individual trade mark distinguishes the goods and services offered under the mark from those of other undertakings. [read post]
25 Sep 2023, 9:01 pm by Michael C. Dorf
Meanwhile, and by marked contrast, Democrats have been less forgiving of their own members. [read post]
25 Sep 2023, 2:00 pm by Nedim Malovic
While the CJEU’s case law (Ferrari SpA v DU (C-720/18) EU:C:2020:854 and Ansul BV v Ajax Brandbeveiliging BV (C-40/01) EU:C: 2003:145) suggest that using the trade mark for spare parts might be considered genuine use for the complete product, the evidence submitted by Ferrari did not sufficiently demonstrate genuine use of the trade mark for relevant spare parts that could be seen as equivalent to an automobile.CommentThe Board’s decision… [read post]
25 Sep 2023, 4:00 am by Eric Segall
  As Harvard Professor Emeritus Mark Tushnet has written, "everyone who’s thought about designing a constitutional court since 1900 has thought that a retirement age was a good thing. [read post]
23 Sep 2023, 3:43 am by Alessandro Cerri
The particular factors informing that decision were: the fact that that Amazon used a uniform method of presenting the offers published on its website, regardless of whether the goods advertised were its own or third party retailers’;the fact that it placed its own logo on all those advertisements; andthe fact that it offered third-party sellers additional services consisting of the storing and shipping of their goods.In the present case, the Court held that the Louboutin v Amazon… [read post]
21 Sep 2023, 8:37 am by Katelynn Minott, CPA & CEO
  Estonia Type C Digital Nomad Visa The Type C digital nomad visa is a short-stay visa that allows holders to live and work in Estonia for up to 90 days. [read post]
19 Sep 2023, 5:55 am by Marcel Pemsel
If both sell the same goods under the same trade mark, it seems difficult to argue that the facts are different just because they are not connected by an exclusive distribution agreement. [read post]
18 Sep 2023, 7:11 pm by admin
Recently, two lawyers wrote an article in a legal trade magazine about excluding epidemiologic evidence in civil litigation.[1] The article was wildly wide of the mark, with several conceptual and practical errors.[2] For starters, the authors discussed Rule 702 as excluding epidemiologic studies and evidence, when the rule addresses the admissibility of expert witness opinion testimony. [read post]
18 Sep 2023, 3:58 am by Dan Harris
Most American and European companies with experience with both Mexico and China have a marked preference for their Mexican workers over their Chinese counterparts. [read post]
17 Sep 2023, 6:59 am by Daniel Shaviro
(Consider the distinction that Robert Frank and others draw between positional and nonpositional goods.) [read post]
 The new edition of Form I-9, effective August 1, will have a box that employers can mark for this purpose; until then, DHS advises employers to write “alternative procedure” in the Additional Information field in Section 2. [read post]
12 Sep 2023, 9:01 pm by renholding
Good morning, Chairman Brown, Ranking Member Scott, and members of the Committee. [read post]
12 Sep 2023, 8:48 am by Marcel Pemsel
The judges referred to the CJEU decision in Parfums Christian Dior v Evora (C-337/95), which found that damage to the reputation of a trade mark can be a legitimate reason within the meaning of the provision. [read post]
11 Sep 2023, 10:07 am by Overhauser Law Offices, LLC
Number Word Mark 7140222 MINLEARN 7151067 CHOCORITE 7151059 HIGHWAY 61 7151041 ZOTTA 7151040 JALAPERS 7151039 WUNDERKRAUT 7150973 MELTEEZA 7152599 MARIBEN 7150458 O-V-R 7150398 HISOL 7150355 I AM THEM 7150128 LOVE FOR MALAWI 7149881 FAITHFUL WARRIORS 7149433 THE VAHA COLLECTION 7149350 GROUND MAN 7149136 CHRISTIAN SLAY 7149111 THE TRUST COMPANY OF OXFORD 7148960 BLOOMINGFOODS 7152528 FREIGHTMATH 7148847 TRUCKSAFE 7148625 FORWARD HUSTLE APPAREL 7148624 7148623 BLUE FOX 7152434 MODEL G… [read post]
11 Sep 2023, 4:00 am by Anna Maria Stein
Comment With this new provision the absolute grounds for refusal of trade mark registration are broadened to include goods and/or services not strictly protected by PDOs and PGIs, thus confirming the nature of PDOs and PGIs as instruments of public policy and as collective rights of agricultural operators. [read post]
11 Sep 2023, 3:20 am
· Practice Good Hygiene: Emphasize hand-washing, particularly before eating and after using the restroom. [read post]
10 Sep 2023, 7:49 am by Eric Goldman
Plaintiffs allege hundreds of defendants are infringing their trademarks and selling counterfeit goods. [read post]