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3 Mar 2015, 5:57 am
Alliant Techsystems Inc., Oppositions Nos. 91173785 and 91174067 [Oppositions to registration of the two marks shown below, for tactical gear and tactical equipment for military, law enforcement and defense applications, on the grounds of fraud and likelihood of confusion with opposer's OMEGA marks for watches and other goods]. [read post]
3 Mar 2015, 5:30 am
Such agreements are common with smaller affiliated nonprofits like a 501(c)(3) public charity and related 501(c)(4) social welfare organization but can involve otherwise unrelated organizations too. [read post]
3 Mar 2015, 4:19 am
Sometimes a mark is almost too well known for its own good. [read post]
3 Mar 2015, 1:06 am
This might explain why Professor Geiger's book has drawn on so long a list of distinguished contributors -- and why, in this Kat's opinion, the good professor deserves a decent katpat for all his effort. [read post]
2 Mar 2015, 2:43 pm
It is nothing less than the first public response of any national office to the current EPO unrest.* The burden of proof in "double identity" trade mark disputes: rising to the Supreme challengeAfter his earlier note on Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd, Jeremy hosts this post of guest contributor Tim Behean(Sipara, Oxford), which focuses on just one aspect of this multifaceted ruling: burden of proof in so-called "double identity" actions in… [read post]
2 Mar 2015, 5:41 am
It is just something to consider when dealing with potential infringement issues.[1] Key case on notion of “use” is Google France.[2] Key case on notion of “under the sign” is Céline.[3] Key case on comparative advertising is L’Oréal.[4] Cftrade mark exhaustion sub (7).[5] Key cases on notion of “use in the course of trade” are Arsenaland Céline.[6] Use in one Member State alone [read post]
1 Mar 2015, 5:30 am
The United States enacted the Communications Decency Act, 47 U.S.C., section 230(c)(I) in 1996. [read post]
28 Feb 2015, 10:40 am
Substantial compliance with this statute is not good enough. [read post]
27 Feb 2015, 8:26 am
Good reputation: markets exist for the fabric (adire). [read post]
27 Feb 2015, 2:34 am
Regarding the passing-off point, a good place to start is the dictum of Mr Justice Arnold in Och-Ziff Management Europe Ltd & Another v Och Capital LLP & Another [2010] EWHC 2599 (Ch), that “the basis of passing-off is a misrepresentation causing damage to the claimant’s goodwill and there are few a priori limits on what the misrepresentation may be or how the damage may arise: the case in which the defendant’s goods are sold as and for the… [read post]
26 Feb 2015, 7:00 am
Part II surveys the provisions of the draft AUMF that have generated the most controversy and debate, including: (a) its lack of a stated purpose; (b) the prohibition on “enduring offensive ground combat operations”; (c) its definition of “associated forces”; (d) its transparency and oversight provision; (e) its relationship to the Law of Armed Conflict; (f) its sunset clause; and (g) one final matter that has flown under the radar up to this point insofar as ISIL is… [read post]
24 Feb 2015, 12:26 pm
Minnesota Governor Mark Dayton, that the defendants were justified in their actions in implementing and enforcing the IPDSSRA. [read post]
24 Feb 2015, 3:18 am
This operative date could not however differ depending on whether the claim was made for infringement under Article 5(1)(a) of the Trade Mark Directive (same mark, same goods) or Article 5(1)(b) (similar mark, same goods and a likelihood of confusion); nor could that date be earlier than the date from which the trade mark registration had effect. [read post]
23 Feb 2015, 2:55 am
But how about trade marks, wonders Eleonora? [read post]
19 Feb 2015, 2:37 pm
Infringement under Article 9(1)(a) [“double identity”: same mark, same goods and/or services]Here, Arnold J said, the burden is on the defendant to show the use does not affect or is not liable to affect the functions of the trade mark, and the DHL dictum makes sense. [read post]
17 Feb 2015, 5:00 am
§ 1057(c). [read post]
16 Feb 2015, 4:24 pm
DANIEL MARK COHEN, Respondent. [read post]
16 Feb 2015, 1:44 am
* Italian baked goods sound and taste great: but can they be branded in foreign markets? [read post]
15 Feb 2015, 9:48 am
C (Def. [read post]
14 Feb 2015, 1:36 pm
(Pix (c) Larry Catá Backer 2015)This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. [read post]
