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25 Sep 2015, 7:41 am
TOP Logistics and Others [2015] CJEU C-379/14 confirms the principle of Zino Davidoff SA v A & G Imports Ltd [2002] CJEU C-414/99, that goods stored in a warehouse (in this case, Bacardi rum) constitute imported goods as soon as they leave the customs arrangement. [read post]
24 Sep 2015, 8:48 am by Rebecca Tushnet
While use of a mark is evidence of intent to use a mark, “the only relevant intent is intent to confuse. [read post]
22 Sep 2015, 1:35 am
It's Case C-427/15: New Wave CZ. [read post]
20 Sep 2015, 11:28 pm
In answering the question, the CJEU restated the principles established in its earlier jurisprudence, in particular the Colloseum case (judgment of 18 April 2013, C-12/12). [read post]
18 Sep 2015, 5:06 am by David Markus
"This certification may also serve as a public censure of Judge Fuller's reprehensible conduct, which has no doubt brought disrepute to the Judiciary and cannot constitute the 'good behavior' required of a federal judge," Judicial Conference Secretary James C. [read post]
17 Sep 2015, 6:01 am by Administrator
Each Thursday we present a significant excerpt, usually from a recently published book or journal article. [read post]
16 Sep 2015, 8:45 am by Ron Coleman
[T]the ‘good faith belief’ requirement in § 512(c)(3)(A)(v) encompasses a subjective, rather than objective standard. [read post]
16 Sep 2015, 3:20 am
In this respect ‘use of the mark as a trade mark’ "must be understood as referring solely to use of the mark for the purposes of the identification, by the relevant class of persons, of the goods or services as originating from a given undertaking" (para 63). [read post]
15 Sep 2015, 1:39 am
 * Nestlé v Cadbury: on mixing and matching grounds for exclusion under Article 3(1)(e) Trade Marks DirectiveBack again on the KitKat dispute pending before the CJEU (on which see here, here, here, and here), Mark further reflects upon Attorney General Wathelet's opinion on the second question, which is "Where a shape consists of three essential features, one of which results from the nature of the goods themselves… [read post]
11 Sep 2015, 6:33 am
Turning to the marks, the Board found them to be similar in sound and appearance, since they are single terms that begin with "ash" followed by a hard "c. [read post]
9 Sep 2015, 10:03 am
Trade marks and recall of altered goods: can you help? [read post]
9 Sep 2015, 6:17 am by @travelblawg
While we have what seems to be a pretty good system down, which includes no less than a clock radio with an old iPhone playing a noise app, two room fans, a range hood fan and bathroom exhaust fans, traveling can be more of a challenge. [read post]