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4 Oct 2021, 1:16 am
Former Guest Kat Peter Ling, together with his associate, Joana Gurtner, report on the recent Swiss Supreme Court decision on the Nespresso Capsule 3D mark.Coffee capsules have turned out to be a revolution for how coffee is served in millions of homes … and also for case law on 3D trade marks. [read post]
14 Mar 2013, 5:41 am
Is it necessary to apply the judgment in Joined Cases C-414/99 to C-416/99 [Zino Davidoff and Levi Strauss v Tesco and others] generally to all cases where it is being assessed whether a trade mark proprietor agreed to conduct which may result in weakening or limitation of his exclusive rights? [read post]
13 Oct 2022, 4:23 pm
As is often the case with emergency appeals, the justices did not provide any explanation for their ruling. [read post]
17 Nov 2010, 1:50 pm
National Law Journal has posted the OpEd, "11th Circuit not playing by the rules in Alabama death penalty case," by Gerald Kogan and Mark White. [read post]
25 Jan 2021, 4:00 am
A mark must allow consumers to identify the commercial origin of goods and services, which consequently enables future buying decisions, following Sykes v OHIM, Case T‑130/01. [read post]
26 May 2011, 2:04 am
The parties opted for the Board's Accelerated Case Resolution (ACR) procedure in lieu of trial, in this Section 2(d) opposition to registration of the mark SOLARIN for "self-tanning preparations. [read post]
8 Jun 2021, 11:32 am
Darren Meale of Simmons & Simmons presents the ninth volume in his rundown of notable trade mark cases over the past six months. [read post]
19 Sep 2019, 9:56 am
This is essentially the situation in a case discussed in a recent appellate opinion. [read post]
6 Dec 2016, 6:43 am
My former Texas colleague Mark Lemley (now at Stanford) kindly gave me permission to share this little story he posted on Facebook: I have an... [read post]
15 Mar 2018, 3:49 am
Possibly in contrast with the outcome of those cases are recent decisions at the EUIPO and GC levels: beside today’s judgment in La Mafia, one can for instance recall that not long time ago the GC confirmed that the sign ‘Fack Ju Göhte’ cannot be registered as trade mark [here].Finally, if we look at these cases, it may be also worth highlighting that, while both the ECtHR in Sekmadienis and the GC in La Mafia relied upon fundamental… [read post]
7 Mar 2017, 2:39 am
In this case, An Sheng Trading was a parallel importer that had imported into Singapore a shipment of backpacks bearing trade marks belonging to Samsonite IP Holdings Sarl (“Samsonite”). [read post]
24 Jul 2017, 9:20 am
The Court of Cassation quashed the Court of Appeal decision for not addressing the question of deceptiveness, and referred the case back to them to perform the relevant assessments to this end.In 2015, a different formation of the Bordeaux Court of Appeal heard the case upon referral from the Supreme Court. [read post]
30 Jun 2017, 6:00 pm
Nothing could shake the General Court's conclusion that the mark should be invalidated.This is a fairly clear cut case of bad faith. [read post]
30 Jun 2017, 6:00 pm
Nothing could shake the General Court's conclusion that the mark should be invalidated.This is a fairly clear cut case of bad faith. [read post]
24 Sep 2018, 11:55 pm
Whatever the case, given that the official figures for 2017 showed over 1.7 million EU trade marks and registered Community designs and over 200,000 IR's which designate the EU, there is going to be a lot of virtual paperwork even if computers are responsible for the majority of the grunt work. [read post]
27 Jul 2016, 3:35 am
" Applicant cited the JACKSON HOLE and CONSTRUCT-A-CLOSET cases as examples of marks found registrable on the Principal Register with disclaimer of the literal portion, but the Board found that those two cases did not strongly support applicant's position: in JACKSON HOLE the particular arrangement of the words was important, and in CONSTRUCT-A-CLOSET, letters were used as design elements.The Examining Attorney pointed to the FRUTTA FRESCA and LA LINGERIE… [read post]
23 Sep 2010, 9:55 am
Reader John Mark Williams: “Does it seem just too big a coincidence that Stephen Colbert is testifying on Friday, the same day that Christopher Coates is scheduled to testify on the Black Panther case? [read post]
28 Aug 2015, 3:00 am
The Federal Circuit explained that evidence of third-party use bears on the strength or weakness of an opposer’s mark. [read post]
9 Mar 2011, 10:30 am
Hy-Grade Valve case in the Northern District of Ohio, relating to the Court's February 23, 2011 Order that held the false marking statute unconstitutional as violating the Take Care clause of the U.S. [read post]
17 Sep 2020, 9:32 am
In that case, Packet Intelligence, LLC v. [read post]
