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11 Dec 2019, 1:09 pm
Overall, the picture is pretty good. [read post]
8 Feb 2018, 4:50 am
Step 1: Decide between a traditional patent marking or a virtual patent marking. [read post]
26 Oct 2006, 8:06 pm
But the overall old liberal media covered that story in such an unfair way, and I think anybody who denies that just isn't paying attention. [read post]
24 Jun 2008, 10:34 pm
(Because of the long running use of the Boston Duck Tours mark, the court noted that the mark as a whole acquired secondary meaning and is reasonably strong overall as an identifier of its services. [read post]
21 Oct 2014, 5:03 am
In May 1998 Stokke applied to register as a Benelux trade mark a three-dimensional trade mark resembling the ‘Tripp Trapp’ children’s chair. [read post]
14 Sep 2021, 10:18 pm
Takeaways The fact that three German Courts could come to differing conclusions on the same legal tests when presented with the same set of facts underscores that the question of reputational rights in a single element of a product’s overall get-up is a vexed one, often without a straightforward answer. [read post]
14 Sep 2021, 10:18 pm
Takeaways The fact that three German Courts could come to differing conclusions on the same legal tests when presented with the same set of facts underscores that the question of reputational rights in a single element of a product’s overall get-up is a vexed one, often without a straightforward answer. [read post]
17 Feb 2011, 11:20 am
2009 was a low point for international filings, marking the first year in the PCT’s 32-year history where patent filings decreased from the previous year. [read post]
11 Nov 2022, 9:40 am
As to the argument that the registrations would not cover the goods in relation to which the defendant company had used the signs, the court was overall unimpressed. [read post]
16 Oct 2019, 2:26 am
The issue was discussed critically in the otherwise rather smug and self-satisfied (and badly-translated, or perhaps written in the first place in bad English) Study on the overall functioning of the European Trade Mark System carried out by the Max Planck Institute for the Commission in 2013.SkyKick is in the software business, and in particular migrating SMEs to cloud-based computing: its founders had worked at Microsoft on Office 365. [read post]
16 Sep 2020, 3:12 am
" The Board found the word FRYE to be the dominant portion of the marks, and that they are "far more similar than they are different and, overall, convey similar commercial impressions. [read post]
16 Jul 2013, 7:13 pm
In contrast to their House counterparts, Senate appropriators appears to be more generous with NASA, at least at the overall level. [read post]
24 Nov 2019, 6:52 am
The Board should have instead focused on the distinctive elements of those marks which were capable of differentiating them, namely the stylized character and direction of those figures as well as the colours and contour of those marks.In respect of conceptual similarity, the Board should have found that both the human figure and the figurative element of the earlier mark constituting a ‘check icon’ indicated to the relevant public that the goods marketed under that… [read post]
1 Mar 2021, 3:40 am
However, those differences were ‘too minor to cause a difference in the overall visual effect’. [read post]
15 Sep 2020, 6:48 am
”One may wonder whether bad faith is the right tool to employ to purse such public interest goals or whether, instead, a simple assessment made on, e.g., distinctiveness (or lack thereof) would avoid casting a 'judgement' on the trade mark owner’s overall intentions and behaviour, while allowing for more straightforward approaches.Moving on to copyright, the decision has some (patronizing) notes which deserve more careful consideration. [read post]
17 Apr 2014, 8:16 am
The new Common Practice explains that:“A change only in colour does not alter the distinctive character of the trade mark, as long as the following requirements are met: a) the word/figurative elements coincide and are the main distinctive elements; b) the contrast of shades is respected; c) colour or combination of colours does not possess distinctive character in itself and; d) colour is not one of the main contributors to the overall distinctiveness of the mark. [read post]
16 Dec 2022, 4:00 am
"Because of the significant commonality between the dominant portion of each mark, the marks overall look and sound similar regardless of the cited mark’s design element and Applicant’s mark’s inclusion of the descriptive word HEMP.Turning to the goods, the Board found them to be related because "the record reflects that consumers are accustomed to encountering these types of products from the same source. [read post]
9 Dec 2022, 3:31 am
"The Board concluded that "SMALL and BIG, when combined to form a part of each of the marks SMALL WINS and BIG WIN, even though are antonyms, are insufficient to differentiate the marks in meaning and overall commercial impression. [read post]
13 Jan 2014, 12:00 am
Du Mont, Microsoft IP Fellow at the Indiana University Maurer School of Law and Mark D. [read post]
12 Jun 2024, 7:14 am
The Case Samsung contended that they had not directly used the Swatch marks themselves, but merely created the technical conditions for watch face downloads via the SGA. [read post]
