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2 Nov 2015, 9:33 am
| How cool is TMView | The "crowded field" in trade mark law | Genetic patents | US Court of Appeal for the 2nd Circuit and Google Books. [read post]
29 Oct 2015, 3:00 am by Daphne Keller
  The basic overview is this:  (a) most provisions clearly say that “restricted” content must be rendered publicly inaccessible; (b) almost any removal request to an intermediary can trigger the restriction obligation; and (c) exceptions to automatic takedown exist, but they aren’t very clear or meaningful. [read post]
26 Oct 2015, 5:29 am
It also provides for the removal from the market of "infringing goods", as Mark Ridgway (Allen & Overy) explains in this post. [read post]
24 Oct 2015, 2:37 am
However, it upheld the examiner’s decision with respect to the other goods referred to above on the ground that the mark sought was descriptive of those goods. [read post]
23 Oct 2015, 1:07 pm by Rebecca Tushnet
  Also, if §43(a) remains available, then government resources are still being devoted to protecting such marks, perhaps even more resources, insofar as there is no more presumption of validity under §43 as there is for a registered mark and therefore an inquiry into protectability must be made in each case. [read post]
23 Oct 2015, 12:37 pm by Rebecca Tushnet
  Most common issue is ID of goods making the mark deception. [read post]
23 Oct 2015, 11:25 am by Eliana Baer
The good: You can communicate with that special someone day and night. [read post]
23 Oct 2015, 10:05 am by John Elwood
Who says short can’t be good? [read post]
23 Oct 2015, 7:13 am by Matrix Legal Information Team
Marks & Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor, heard 7 October 2015. [read post]
23 Oct 2015, 3:35 am by Randy Barnett
At that moment, judicial restraint did not look so good as it once did, so as is their wont, some Progressives rapidly abandoned it. [read post]
22 Oct 2015, 8:36 am
 The Court of Justice of the European Union ruling in Case C-170/12 Pinckney [noted by the IPKat here] has made it easier to sue in respect of infringing products that are widely available on the internet, which is good too.As for the Paris-based  IALCI, Annabelle gave an overview of its activities on an international basis, and its coverage of trade shows. [read post]
22 Oct 2015, 5:32 am
BGW's mark was registered in 2004 for goods and services in Classes 16, 35 and 41.In October 2009, the German Patent and Trade Mark Office partially cancelled the registration of the long mark on account of the existence of a likelihood of confusion between the two marks. [read post]
21 Oct 2015, 11:08 am
In the second part of her presentation, Elena covered EU cases concerning various types of non-traditional marks including olfactory (Sieckmann C-273/00), 3D (Philips C-299/99 and Lego C-48/09), sound (Shield Mark C-283/01) and colour marks (Libertel C-104/01 and Heidelberger C-49/02). [read post]
20 Oct 2015, 3:24 pm
  This however is not a good reason for going to court. [read post]
17 Oct 2015, 11:28 am by Rebecca Tushnet
That won’t work for ROP b/c so much of the regulated stuff is art. [read post]
15 Oct 2015, 3:34 am
The Board concluded that a substantial portion of consumers of applicant’s goods will "stop and translate" the mark. [read post]
13 Oct 2015, 4:01 pm
 15 of these reforms were accepted outright, while the other three were deemed acceptable in principle but in need of further work.The Law Commission has now drafted the Intellectual Property (Unjustified Threats) Bill [you can access the full text as Appendix C to the report here]. [read post]
13 Oct 2015, 9:10 am by Rebecca Tushnet
 Brandom: biggest question mark is about enforcement. [read post]