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16 Mar 2014, 9:01 pm
“Among the majority of our clients, flexibility and agility seem to be key priorities, coming directly from the C-level. [read post]
16 Mar 2014, 4:34 pm by Jack Pringle
Brown, Supreme Court, May 8, 2013 TakewayThis case marks the first instance in which a South Carolina appellate court has vacated an arbitration award pursuant to S.C. [read post]
16 Mar 2014, 4:34 pm by Jack Pringle
Brown, Supreme Court, May 8, 2013 TakewayThis case marks the first instance in which a South Carolina appellate court has vacated an arbitration award pursuant to S.C. [read post]
14 Mar 2014, 7:20 am by Rebecca Tushnet
  As for the §230(c)(2) filtering defense—a rare ruling! [read post]
12 Mar 2014, 12:55 pm
The title, "Intellectual Property: European Tribunals & UK Courts", is guaranteed to be a good deal less exciting than the speech itself. [read post]
11 Mar 2014, 2:06 am
It serves to identify the goods or services covered by the mark as originating from a particular undertaking, and thus to distinguish those goods or services from those of other undertakings …. [read post]
7 Mar 2014, 10:33 am
The author is our beloved Court of Justice of the European Union (CJEU), which yesterday provided guidelines as to which elements can be considered in assessing the very essential nature of a trade mark and its compliance with absolute grounds (Yoshida Metal Industry Co. v Pi-Design AG and others, Joined Cases C‑337/12 P to C‑340/12 P).In 1999, the Japanese company Yoshida Metal Industry Co. [read post]
5 Mar 2014, 4:05 pm
However, in this case, you also have to avoid using any trade marked words or terms. [read post]
3 Mar 2014, 4:06 am
March 20, 2014 - 2 PM: In re Nieves & Nieves LLC, Serial No. 85179243 [Two refusals to register PRINCESS KATE for jewelry, bedding, wallets, handbags, and the like, and clothing, on the grounds that (1) under Section 2(a) because the mark may falsely suggest a connection with Catherine, Duchess of Cambridge, the wife of Prince William of England, and (2) under Section 2(c) because the mark consists of or includes a name, portrait, or signature identifying a particular… [read post]
27 Feb 2014, 3:10 pm by Ron Coleman
[C]ourts have found that damage to a trademark holder results even where a consumer eventually becomes aware of the source’s actual identity or where no actual sale occurs. [read post]
26 Feb 2014, 4:12 am
While agreeing that they offered licences, AVELA denied trade mark infringement on the basis that neither they nor their customers used Betty Boop as a trade mark at all since the Betty Boop imagery appearing on their goods was purely decorative, made no representation about trade origin and so could not infringe (they denied passing off on the same basis) [read post]
25 Feb 2014, 8:33 am
Since the Philips/Nokia ruling (Cases C-446 and 495/09 [noted by the IPKat here]) in 2011, under EU law, European customs can check counterfeit goods transiting through the EU but can only stop them if there is a risk of these goods entering into the Single Market. [read post]
20 Feb 2014, 8:30 am by LTA-Editor
However, employing close statutory reading, the exclusion excepts any fair use “of a famous mark by another person other than as a designation of source for the persons’ owns goods or services”. [read post]
20 Feb 2014, 6:54 am
Is it bad faith to apply for a trade mark you know your business associate is already using in the EU, albeit that he is only exporting goods under that mark? [read post]
18 Feb 2014, 1:51 pm by Ron Coleman
”  So E fits right in there, and is arguably as good a fit for the family-of-marks concept as you can imagine. [read post]
17 Feb 2014, 4:36 am by Rebecca Tushnet
Harvard Law Review Symposium 2014: Freedom of the PressIntroduction: Mark Tushnet, Reflections on the First Amendment and the Information Economy Symposium papers provide an opportunity to speculate about 1A issues in modern information economy, which is different from the info economy in 1963. [read post]
17 Feb 2014, 3:49 am
Following the CJEU's ruling in Case C-418/02 Praktiker Bau, for Class 35 retail services, for example, it is standard practice to list "the goods or types of goods to which those services relate”, when specifying such services. [read post]