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18 Mar 2015, 8:13 am by Bob Eisenbach
Accord 4 McCarthy on Trademarks § 25:33 (4th ed. 2010) (“Since the licensor-trademark owner has the duty to control the quality of goods sold under its mark, it must have the right to pass upon the abilities of new potential licensees. [read post]
18 Mar 2015, 8:13 am by Bob Eisenbach
Accord 4 McCarthy on Trademarks § 25:33 (4th ed. 2010) (“Since the licensor-trademark owner has the duty to control the quality of goods sold under its mark, it must have the right to pass upon the abilities of new potential licensees. [read post]
17 Mar 2015, 3:56 am
Both the Examination Division and the Board of Appeal rejected the application, holding that the mark consisted exclusively of indications which may serve, in trade, to designate characteristics of the goods or service in question, contrary to Article 7(1)(c) of the Community Trade Mark Regulation.The General Court has now upheld this decision. [read post]
16 Mar 2015, 5:13 am by Terry Hart
Turning back to Eldred, the majority reiterates this point, this time responding to a dissent by Justice Breyer: JUSTICE BREYER’s assertion that “copyright statutes must serve public, not private, ends,” similarly misses the mark. [read post]
16 Mar 2015, 3:36 am by Jeffrey Vicq
The amended Act also gives CIPO the ability to force applicants (and the owners of registered marks) to organize the goods and services claims associated with their marks into the applicable Nice classes. [read post]
16 Mar 2015, 3:10 am
CJEU rules in telmisartan SPC disputeAfter his own earlier post on the CJEU’s decision in Case C‑577/13, Actavis Group PTC EHF, Actavis UK Ltd v Boehringer Ingelheim Pharma GmbH & Co. [read post]
13 Mar 2015, 9:19 am
 This Kat has noticed in the past that, while his good friends at the Office for Harmonisation in the Internal Market (OHIM) are getting very good at examining Community trade mark (CTM) applications, weeding out the not-so-registrable ones and generally running the CTM system smoothly, they do have their blind spots. [read post]
13 Mar 2015, 12:49 am by Stephen Page
The Court must be vigilant to mark out its disapproval of conduct of that type in      a positive way and give proper weight to the interests involved in a particular case and in     the wider community and indeed the international concerns which cases of this type        frequently attract”[2]Prevention is better than cureIt is always better to prevent a child being abducted than to then go through the process of trying… [read post]
12 Mar 2015, 10:20 pm by Jeff Richardson
  The advance buzz on this book is quite good. [read post]
12 Mar 2015, 9:56 am
 But to my ear, the (a) lyrics are different, the (b) rhythms of the two songs are different, and the (c) harmonies are different. [read post]
10 Mar 2015, 2:15 am
Good policy for would-becomment-postersComment-posters: do you feel hard-done-by? [read post]
9 Mar 2015, 8:00 pm
In the wake of all the exciting EPO news, here is some equally exciting trade mark news ...It was widely reported when OHIM in 2013 rejected social media outlet Pinterest Inc’s opposition to the registration of the trade mark PINTEREST by Premium Interest, a UK online news aggregation site. [read post]
9 Mar 2015, 12:23 pm
| Hospira v Genetech Mark 1, the Appeal | [read post]
7 Mar 2015, 1:36 pm by WOLFGANG DEMINO
Had the Marshalls read these two documents together, they would have discovered that BP was not conducting good-faith continuous operations. [read post]
6 Mar 2015, 12:09 pm by Rebecca Tushnet
There was no evidence of intentional copying; they issued C&Ds to other businesses that used the phrase, but that alone fell short of showing intentional copying. [read post]
4 Mar 2015, 8:06 am
(Pix (c) Larry Catá Backer 2015)The High Commissioner for Human Rights, Zeid Ra'ad al Hussein, has delivered his Report to the Human Rights Council on the activities of his office. [read post]