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25 Jun 2014, 8:25 am
 (Pix (c) Larry Catá Backer 2014) David Bates, began his excellent article on "Political Theology and the Nazi State" with the following quote from Carl Schmitt, Roman Catholicism and Political Form ( G. [read post]
24 Jun 2014, 5:38 am by Rebecca Tushnet
  For a student research paper concluding that unregistrable ought to mean unprotectable, see James C. [read post]
20 Jun 2014, 10:14 am by John Elwood
Alas, not all the news was good for last week’s relist crop. [read post]
20 Jun 2014, 3:17 am
A mark must be considered in the context of the goods or services with which it is used, not in the abstract. [read post]
19 Jun 2014, 4:00 am by Tim Sitzmann
What is clear though is that Jules is using IKEA Hackers as a mark at least for the website, and for an online retail store that sells identical goods (although, used goods). [read post]
19 Jun 2014, 2:09 am
The case is Case C-97/12 P Louis Vuitton Malletier v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Friis Group International ApS intervening, a ruling of the Eighth Chamber of the Court of Justice of the European Union (CJEU) of 15 May. [read post]
18 Jun 2014, 10:35 pm by Adam Levitin
A footnote to Mark's recent post on Argentina's remaining options got me thinking about what an Event of Default actually is under the exchange bond indenture. [read post]
What do you think: would nonlawyer ownership be good or bad for the legal profession and the clients it serves? [read post]
17 Jun 2014, 8:38 am by WIMS
<> UN officials call for restoration of ecosystems to reduce climate change disasters - Marking the World Day to Combat Desertification, United Nations officials today emphasized the importance of restoring degrading lands to avoid or soften the potentially disastrous impacts of climate change. . . [read post]
16 Jun 2014, 4:45 am by Rebecca Tushnet
” (Otherwise competitors would hesitate to copy good, descriptive ideas.)Though it wasn’t necessary, the court ran through the confusion factors as well. [read post]
13 Jun 2014, 2:58 am
 There are notoriously known marks (6bis Paris Convention) but these fall under 8(2)(c) CTMR, not under 8(4). [read post]
12 Jun 2014, 4:00 am by Martin Kratz
What happens when a user of a mark for one category of goods begins to use that mark in another category of goods – in which a second party has a registered mark. [read post]
12 Jun 2014, 2:21 am
"As to the second point, the evidence did not establish that consumers would perceive the designation “Benedictine” as indicating that the beer possesses any particular attributes, or that BENEDIKTINER merely describes the traditions, recipes or techniques underlying the brewing of Applicant’s beer.As to the third point, "the fact that the mark tells consumers that the entity selling the goods profits from the sales does not make the mark… [read post]
11 Jun 2014, 10:26 am by Rebecca Tushnet
Unsurprisingly, the court then rejected defendants’ arguments that they weren’t using plaintiffs’ marks to sell goods or services. [read post]
11 Jun 2014, 8:57 am by Neil Melliship
  Once attained, official mark status prevents other parties from adopting, using or registering the same or a very similar mark in association with any wares (goods) or services, unless the public authority consents. [read post]
11 Jun 2014, 6:28 am
When browsing Case C‑97/12 P, Louis Vuitton Malletier v OHIM, a 15 May ruling of Court of Justice of the European Union (CJEU) on registrability of an illustration of a lock for goods which either did or didn't have locks, he noticed that some of the cases cited in the CJEU's judgment had odd-looking citations for reference purposes. [read post]
9 Jun 2014, 4:13 pm by Nikki Siesel
Opposer uses the CHANEL mark on a variety of  goods, including but not limited to apparel, jewelry, sunglasses, perfume, and cosmetics. [read post]