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11 Oct 2015, 2:37 pm
Under s.11 TMA 1994, a registered trade mark is not infringed if the mark is used to describe the characteristics of the goods, provided that the use is accordance with honest practice in commercial matters. [read post]
10 Oct 2015, 1:49 pm
Thus managing NGOs to protect against inward projections of foreign power misses the mark. [read post]
7 Oct 2015, 1:10 am
This case seems to begetting out of hand ...To recap, the Court of Justice of the European Union (CJEU) gave its ruling on Wednesday 16 September in the '3D chocolate finger' trade mark case, Case C-215/14 Nestlé v Cadbury [noted by Eleonora here]. [read post]
5 Oct 2015, 8:14 am
Together, they developed several songs for the children to sing, including a greeting song with the lyrics “Good Morning to All. [read post]
5 Oct 2015, 3:13 am
"Section 23(c) permits registration on the Supplemental Register, of a mark that "may consist of any ... configuration of goods ... that as a whole is not functional ... but such mark must be capable of distinguishing the applicant's goods or services. [read post]
4 Oct 2015, 11:35 am
You probably heard about the recent price hike for a drug critical to AIDS patients when the manufacturer sold it to an evil hedge fund manager who promptly marked it up 5,000%. [read post]
3 Oct 2015, 6:39 am
” The software is already being used in Baltimore and Philadelphia, and a later version which Berk claims will predict other criminal behavior as well is ready for rollout in D,C. [read post]
3 Oct 2015, 5:35 am
(c) A secured surety bond. [read post]
2 Oct 2015, 7:41 pm
.' Federal court abstention is a mark of respect for the position of state courts in our federal-state system, not a Sword of Damocles to be held over the head of the state judge to whom the issue at hand is then presented, and any argument in the latter vein is wholly improper. [read post]
2 Oct 2015, 1:31 pm
Good identification of types of copying that aren’t copying that © law should be worried about. [read post]
2 Oct 2015, 12:04 pm
C gets permission from B to speak; has C caused A to speak as well? [read post]
2 Oct 2015, 3:41 am
Nike's Section 2(d) and 43(c) (dilution-by-blurring) claims, which were based on Nike's ownership of registrations for the mark shown above right, survived the motion to dismiss. [read post]
1 Oct 2015, 6:00 am
“[C]ivility is not a sign of weakness,” President John F. [read post]
29 Sep 2015, 2:58 am
In re C. [read post]
27 Sep 2015, 1:13 am
Their collective view was that shape element (A) fell foul of Article 3(1)(e)(i) and shape elements (B) and (C) fell foul of Article 3(1)(e)(ii), but that neither Article 3(1)(e)(i) nor (ii) applied to all of (A), (B) and (C) together. [read post]
26 Sep 2015, 6:23 pm
At 3°C, the welfare impact is a reduction of 10%. [read post]
26 Sep 2015, 1:21 pm
Less problem w/identifying a claimant to the mark, usually, b/c of public use requirement. [read post]
26 Sep 2015, 12:50 pm
We’d like to have a world in which people who have a good idea but aren’t in good position to test it can sell it to others who are. [read post]
26 Sep 2015, 7:22 am
Failure to mark could limit remedies. [read post]
25 Sep 2015, 9:30 pm
Not "timeliness," then, but good instincts and really good luck. [read post]
