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9 Nov 2018, 12:00 pm
and didn’t show loss of sales, goodwill or ability to market that was caused by the false marking. [read post]
7 Nov 2019, 4:25 am
“And that’s because the human condition isn’t all that different, back then or now. [read post]
24 Sep 2010, 6:16 am
"[I]t is clear that [plaintiff] anticipated that a motion to transfer these types of cases would be filed. [read post]
7 Aug 2013, 5:01 pm
It is true that none of the devices shown in the figures of document D14 is marked as “figure 9”. [read post]
24 Feb 2011, 7:12 am
Some lawyers say that typography doesn't matter, but Butterick says they don't really believe that. [read post]
28 Oct 2014, 6:22 am
In its controversial ruling in Case C-530/12, OHIM v National Lottery Commission [extensively reported by the IPKat here],the focus was on the probative value of national law: does it need to be considered by OHIM and by the General Court as a matter of fact or as a matter of law? [read post]
1 Sep 2017, 12:00 am
" by Bernard Spragg obtained via Flickr under Public Domain Mark 1.0. [read post]
6 Nov 2018, 2:24 pm
THIS ELECTION MATTERS ..... [read post]
17 Feb 2023, 2:09 pm
On appeal, the Board pointed out that matter can be registered on the Principal Register only if it functions as a mark and that not every designation adopted with the intention that it perform a trademark function necessarily accomplishes that purpose. [read post]
17 Feb 2023, 2:09 pm
On appeal, the Board pointed out that matter can be registered on the Principal Register only if it functions as a mark and that not every designation adopted with the intention that it perform a trademark function necessarily accomplishes that purpose. [read post]
18 Jan 2011, 3:53 pm
By Mark Tushnet. [read post]
10 Feb 2021, 5:00 am
Does it really matter if I’m happy? [read post]
6 Jan 2022, 12:21 am
The General Court gives lipstick shape mark a French kissGuerlain v EUIPO Case T-488/20 EU General Court (July 2021) Shape marks haven’t fared well in Retromark coverage over the years. [read post]
27 Jun 2024, 4:12 am
In this context, the use of sounds in the trade mark strategies of trade mark owners as well as the increasing number of applications for sound marks leads to an increasing likelihood that the relevant public will recognize sounds as an indication of commercial origin.Every further decision on sound marks, no matter whether the registration is successful or not, leads to greater clarity in regard to the requirement of distinctiveness of sounds. [read post]
26 Jun 2017, 9:02 pm
"SCOTUS Splits the Travel Ban Baby: The Supreme Court's ruling doesn't make much sense as a matter of law; That may be good for Donald Trump. [read post]
2 Nov 2019, 2:53 am
As a matter of policy, that outcome seems opportune, also under European trade mark law. [read post]
6 Jan 2014, 9:08 pm
That would give you immediate rights in the States, even if you haven’t used the mark yet in the States. [read post]
27 Jun 2022, 2:59 pm
West testified that “it wouldn’t be unusual” to find bite marks in a “homosexual rape case” and said it would “almost” be expected in such a case when asked by the prosecutor. [read post]
6 Oct 2021, 6:00 am
Mark-ups and mark-downs are tracked and can be reported on. [read post]
8 Jun 2017, 3:37 am
And so the Board reversed the phantom mark refusal.Read comments and post your comment here.TTABlog comment: This case suggests a way to avoid a phantom mark refusal: don't claim the phantom element as part of the mark, but in actual use set off the non-phantom element in such a way that it creates a separate commercial impression (e.g, by font, color, or design).Text Copyright John L. [read post]