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27 Jun 2014, 3:21 am
The PTO refused registration of the mark Global-SP for goods including "O-rings of rubber for automobiles" and "non-metal packings for forming seals for automobiles," on the ground of likelihood of confusion with the registered mark SP DIRECT for "automotive aftermarket parts, namely, ... gaskets. [read post]
16 Oct 2019, 10:47 am
; andCan it constitute bad faith to apply to register a trade mark without any intention to use it in relation to the specified goods and services? [read post]
26 Jul 2020, 1:36 am by Neil Wilkof
Such external factors are only to be considered at step (c).Similarity of Marks and Similarity of Goods The Registrar found that the marks were similar, as follows: (i) Visually, the marks were of relatively similar length and the entirety of the Application Mark was encompassed within the Opponent’s Mark. [read post]
22 Oct 2015, 5:32 am
BGW's mark was registered in 2004 for goods and services in Classes 16, 35 and 41.In October 2009, the German Patent and Trade Mark Office partially cancelled the registration of the long mark on account of the existence of a likelihood of confusion between the two marks. [read post]
21 Jan 2014, 7:14 am by Rebecca Tushnet
The statutory damages range goes from a minimum of $1,000 “per counterfeit mark per type of goods or services sold” for non-willful infringement, to a maximum of $2,000,000 per instance of willful infringement. [read post]
16 Dec 2020, 1:37 am by Riana Harvey
This would not be undermined by the fact that there were different versions of the red dot (some versions featuring a letter T prominently in the middle of the dot, and some where the red dot was plain) as they would fall within the range of ‘acceptable variants’ and ‘uses in conjunction with other composite marks’, as per C-12/12 Levi Strauss. [read post]
3 Dec 2017, 4:46 am
Students often ask me how they can write a good essay (which would also make them eligible to receive a good mark). [read post]
22 Mar 2022, 3:24 am
" There was no question that the marks are confusingly similar, but what about the goods? [read post]
25 Jun 2018, 3:01 am
In re Petrossian Inc., Serial No. 79177698 (June 20, 2018) [not precedential] (Opinion by Judge Cynthia C. [read post]
15 Feb 2021, 3:57 am by Verena von Bomhard (BomhardIP)
The CJEU judgment of 22 October 2020 in the testarossa case (C‑720/18 and C‑721/18) maintains the generous line from the 2003 Ansul judgment (C‑40/01), saying that a trademark can be maintained for “automobiles” based on re-sales (by the trademark owner) of used cars and of replacement parts and accessories, and on repair and maintenance services, provided these were offered under the mark. [read post]
5 Jun 2024, 4:00 am
Accordingly, we find that Applicant’s mark is likely to dilute Opposer’s JUST DO IT Mark under Trademark Act 43(c)(2)(B), 15 U.S.C. [read post]
28 Mar 2024, 4:21 am
Pointing to its 83 third-party registrations, C&D argued that the evidence "suggests that soda pops are instead the types of goods that are typically sold under the same mark … by distinct owners" and "overwhelmingly suggests that the respective industries have agreed that soda pop/soft drinks and beer are not related. [read post]
17 Jul 2015, 7:24 am
However TOP Logistics, in providing a warehouse service for goods bearing another’s trade mark, did not 'use a sign identical to that trade mark for goods or services identical or similar to those in respect of which the mark is registered'.* Accordingly, Article 5 must be interpreted as meaning that the proprietor of a trade mark registered in one or more Member States may oppose a third party placing goods bearing that… [read post]
18 Mar 2010, 10:41 pm by Orin Kerr
C) Officer Good wants to follow the Fourth Amendment, and he searches the suspect based on his belief that the search is legal. [read post]
15 Aug 2017, 1:17 am by Jani Ihalainen
While they could sell those goods without the marks on them, the Act prevents them from misleading purchasers and infringing on the marks while doing so. [read post]
28 Oct 2014, 6:22 am
In January 2005 the mark was registered for various goods and services in Classes 3, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 21, 22, 24, 25, 26, 27, 28, 34 and 38. [read post]