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11 Dec 2014, 2:54 am
"(4) A trade mark shall not be registered if, or to the extent that, its use in the United Kingdom is liable to be prevented— (a) by virtue of any rule of law (in particular, the law of passing off) protecting an unregistered trade mark or other sign used in the course of trade, or … A person thus entitled to prevent the use of a trade mark is referred to in this Act as the proprietor of an 'earlier right' in relation to the trade mark.… [read post]
12 Oct 2016, 1:24 am by Jani Ihalainen
With the EU being so different, pan-EU injunctions are night impossibleThe CJEU swiftly addressed the point, stating that when an EU trademark court finds "...that the use of a sign creates, in one part of the European Union, a likelihood of confusion with an EU trade mark, whilst, in another part of the Union, that same use does not give rise to such a likelihood of confusion, that court cannot conclude that there is no infringement of the exclusive right conferred by… [read post]
24 Apr 2017, 7:12 pm by Sme
State of Kansas, Dept. of Labor (10th Cir., April 21, 2017) (affirming dismissal of Arbogast's complaint for discrimination and retaliation for lack of personal jurisdiction )*Crews v. [read post]
21 Feb 2013, 2:49 am
Moreover, in my view, a different interpretation would be at odds with the unitary nature of the trade mark, for the proprietor of the earlier Community trade mark would be accorded differing protection in the various Member States, depending on whether the national law afforded him the possibility of instigating proceedings against an infringer without awaiting the cancellation of the later national trade mark adversely affecting his rights. [read post]
9 Aug 2015, 4:01 pm
This is what Roland has to say:In June, CJEU Advocate General Wathelet issued his opinion in Nestlé v Cadbury (Case C-215/14 [noted by the IPKat here].The perceived wisdom has since been that Nestlé's Kit Kat shape (left) must necessarily be unregistrable as a trade mark. [read post]
1 Aug 2017, 9:25 am by Lawrence B. Ebert
From the order:Because the record in this case contains extensive material marked as confidential, the court has issued its opinion dated August 1, 2017 under seal. [read post]
4 Nov 2014, 7:39 am by Blue Blog
Claims Against Public Works Projects: Since construction liens cannot be placed against publically owned projects (projects owned by the federal, state or local governments), Mark will discuss the basics of payment bond claims: Payment bonds covering private construction projects in Georgia Payment bond requirement under federal law Payment bond requirements under state law Deadlines for making payment bond claims for nonpayment The claims process for payment bond claims… [read post]
4 Nov 2014, 7:39 am by Blue Blog
Claims Against Public Works Projects: Since construction liens cannot be placed against publically owned projects (projects owned by the federal, state or local governments), Mark will discuss the basics of payment bond claims: Payment bonds covering private construction projects in Georgia Payment bond requirement under federal law Payment bond requirements under state law Deadlines for making payment bond claims for nonpayment The claims process for payment bond claims… [read post]
4 Nov 2014, 7:39 am by Blue Blog
Claims Against Public Works Projects: Since construction liens cannot be placed against publically owned projects (projects owned by the federal, state or local governments), Mark will discuss the basics of payment bond claims: Payment bonds covering private construction projects in Georgia Payment bond requirement under federal law Payment bond requirements under state law Deadlines for making payment bond claims for nonpayment The claims process for payment bond claims… [read post]
24 Mar 2016, 9:13 am by Andrew Hamm
At the International Municipal Lawyers Association’s Appellate Practice Blog, Lisa Soronen discusses the State and Local Legal Center’s amicus brief in this Term’s drunk-driving cases, Bernard v. [read post]