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22 Apr 2011, 8:45 am
The Advocate General remarked “to my mind the display of the ad as a consequence of typing ‘interflora’ into a search engine creates in the context of this case an association that Marks & Spencer is part of the Interflora network”. [read post]
2 Mar 2017, 6:47 am
Survey evidence To prove its case, Nestlé had conducted market surveys for each of the Shape Marks. [read post]
19 Dec 2022, 5:02 pm
This blog has on several occasions reported on decisions related to non-conventional trade marks [see for instance and recently IPKat posts here, here and here].Adding to the now abundant case law on such marks with a pinch of ‘genuine use’ this time’, readers will be happy to learn that, a few days ago, the General Court issued yet another interesting judgment (Case T‑553/21) (available only in French and German) concerning the question of… [read post]
21 Mar 2022, 2:46 am
This is especially the case when a mark has been used irregularly. [read post]
24 Apr 2012, 3:40 am
While most of you were probably reading the decision of the Fourth Circuit of Appeals in Rosetta Stone Ltd. v Google, Inc. that revived the plaintiff's claims against Google for trade mark infringement (see the report by AmeriKat here), this Kat was also having a go at the case footnotes. [read post]
23 Aug 2006, 2:33 pm
We recognize that the instant case is significantly different from the Fotomat cases, and from similar cases involving trade dress in the nature of building design (interior or exterior) claimed to be a mark for services. [read post]
18 Nov 2013, 11:27 am
I got an email from one of Mark Cuban's lawyers in regard to this post about the upshot of the Cuban case. [read post]
25 May 2017, 1:24 am
But a trade mark registration can last forever. [read post]
16 Mar 2011, 5:23 am
March 15, 2011) (on mandamus), the Federal Circuit recently held that a false marking plaintiff must plead the their case with particularity under Fed. [read post]
17 Mar 2009, 2:28 am
Instead it noted that in this case it wasn't necessary to consider the point in detail because 'the reputation of the earlier mark reaches further than the professional public specialising in financial information'.The IPKat reckons that, for the most part, this case doesn't say too much which is new, but it does restate some important principles. [read post]
25 May 2010, 11:25 am
The Stanley Works, Case No 1:10-CV-01175 (N.D. [read post]
22 Jun 2007, 12:16 pm
In a case decided today, the Federal Circuit reversed the Trademark Trial and Appeal Board's denial of an opposition to registration of a trademark. [read post]
1 May 2020, 4:24 am
This case seemed to be stacked against claimants PlanetArt LLC from the start. [read post]
29 Jan 2012, 12:45 am
This was a decision by Mrs Recorder Michaels who sits as an appointed person in appeals from hearing officers in the Trade Marks Registry under s.77 of the Trade Marks Act 1977. [read post]
9 Jan 2008, 4:59 am
In a rather unusual inter partes case, the Board dismissed on summary judgment an opposition to registration of the mark CREATINE-D2T for dietary supplements, rejecting Opposer's assertion that the term CREATINE must be disclaimed. [read post]
23 Nov 2010, 6:50 am
The first batch of false marking cases filed in the Eastern District of Texas officially makes it to status conferences today, with over a dozen set for status conferences and motion hearings throughout the day in Judge T. [read post]
28 Apr 2022, 2:13 pm
The post Jan. 6 Committee Discovers Linear Time, Asks Court To Expedite Mark Meadows Case Before GOP Shuts This Whole Thing Down appeared first on Above the Law. [read post]
20 Apr 2022, 1:53 am
Finally, this case impresses on brand owners the issue of dilution of their marks over time and the importance of taking action when a similar mark arises. [read post]
14 Oct 2015, 11:49 am
Two emerging innocence issues in the news in Texas this week:Bite marksSteven Chaney, the man whose bite mark case recently spawned a review by the Forensic Science Commission, saw a Dallas judge recommend habeas corpus relief this week and was released on bond pending a decision by the Texas Court of Criminal Appeals. [read post]
14 Jan 2018, 11:32 pm
One could foresee a return to the case law ante Sieckmann that valued the customers’ viewpoint and stated, for instance, that an olfactory mark described as freshly cut grass will be recognised immediately by anyone, reminding ‘of spring, or summer, manicured lawns or playing fields, or other such pleasant experiences’ (Senta Aromatic [14]). [read post]
