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19 Apr 2012, 2:50 am
In the case of an alleged infringement by a person established in another Member State of a trade mark granted in the State of the court seised through the use of a keyword (AdWord) identical to that trade mark in an internet search engine which offers its services under various country-specific top-level domains, is the phrase “place where the harmful event occurred or may occur” in Article 5(3) of Regulation ... [read post]
6 Oct 2022, 8:31 am
A stylized mark allows the owner to prevent others from using the same or a similar stylized mark, but not the text itself. [read post]
17 Aug 2021, 11:21 am
Given their relatively weak marks, the absence of actual confusion evidence was significant. [read post]
6 Jan 2021, 5:23 pm
In particular, the dissent would have vacated (essentially marked-out) the challenged portion of the Board’s decision. [read post]
13 Oct 2023, 6:07 am
The shift in approach unquestionably marks a retreat for the group, which literally drafted a version of the bill for the government and wielded the power of major media outlets to skew national coverage in favour of the legislation. [read post]
5 Aug 2021, 7:11 am
Already, AI systems have produced marked improvements in diagnosis solutions such as X-rays and CAT scans. [read post]
25 Apr 2022, 4:32 am
U.S. [read post]
22 Jul 2020, 6:30 am
This seems to be the prevailing view from Michael McConnell, Akhil Amar, Jeffrey Rosen, Mark Movsesian, David French, and others. [read post]
14 Aug 2013, 8:53 am
Such a loss of market share to an infringer was cited as a textbook example of irreparable harm which, in turn, supported the injunction. [read post]
14 Jan 2013, 8:39 am
United States, slip. op. at *3 (emphasis in original, internal quotation marks and citations omitted). [read post]
19 Aug 2022, 10:08 am
How should the Commission identify and evaluate these commercial surveillance harms or potential harms? [read post]
30 Nov 2011, 6:22 pm
It’s not the mark that’s being allegedly harmed! [read post]
6 Oct 2007, 1:41 am
After the mark is famous, which means brand owners need benchmarks. [read post]
18 Feb 2008, 8:33 am
Its expert declared that the Payless knockoffs diluted by: "(1) reducing brand equity within the footwear market; (2) negatively affecting the strength of the mark in the minds of consumers; (3) eviscerating the perception of the mark as signifying quality and a premium product; and (4) impacting consumer loyalty associated with the mark. [read post]
11 May 2012, 10:29 am
" Specifically, the Fourth Circuit held that the FTDA's fair use defense required a showing both "that defendant's use was 'other than as a designation of source'" and that "defendant's use . . . qualif[ied] as a 'fair use.'" The Fourth Circuit likewise concluded that the district court had improperly focused only on the fact that Rosetta Stone's brand awareness had increased since Google had revised its trademark policy in… [read post]
16 Feb 2012, 6:12 am
In the case of an alleged infringement by a person established in another Member State of a trade mark granted in the State of the court seised through the use of a keyword (AdWord) identical to that trade mark in an internet search engine which offers its services under various country-specific top-level domains, is the phrase “place where the harmful event occurred or may occur” in Article 5(3) of Regulation ... [read post]
16 Feb 2015, 4:50 pm
The “harm” or the harmful event is the publication of the words, not any consequences of publication. [read post]
19 Feb 2008, 10:33 pm
To complete my outline of my knowledge base I now continue by detailing the subject of Internet Law. [read post]
24 Dec 2013, 6:34 am
, especially since the license agreement says that any breach will result in irreparable harm. [read post]
15 Apr 2013, 11:30 am
, especially since the license agreement says that any breach will result in irreparable harm. [read post]
