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13 Dec 2013, 5:01 am
No card neededfor this clubWhen deciding on whether the mark was distinctive, the IPO looked at the range of goods and services Tesco wanted to register the goods for; the perception of the general public and what the first impression people would have when encountering the mark. [read post]
12 Dec 2013, 2:55 pm
The 2nd Circuit Court of Appeals clarified the standard under which the courts should be viewing the DMCA “safe harbor” provision [512(c)], and remanded. [read post]
11 Dec 2013, 1:16 pm
However, Article 4 of the Comparative Advertising Directive provides that comparative advertising is permitted where(a) it is not misleading to the consumer; (b) it compares goods or services meeting the same needs or intended for the same purpose; (c) it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price; (d) it does not discredit or denigrate the trade marks, trade… [read post]
11 Dec 2013, 8:23 am
Hopkins' Law of Unfair Trade including Trade-Marks, Trade Secrets, and Good-Will (1900), and more. [read post]
11 Dec 2013, 3:37 am
It also marks the shift of focus from OpenAIR to the Global Congress per se.The day began with, among other things, a summary of activist activities in Canada against oppressive copyright legislation. [read post]
10 Dec 2013, 8:05 pm
” (spoiler: incumbents) [Roger Pilon, Cato] “None of this was perceived as a major problem so long as the 501(c)(4) category was dominated by the political left” [Brad Smith, WSJ] Texas trial lawyers not all of one mind over extent of political involvements [Texas Tribune, Southeast Texas Record] Sen. [read post]
10 Dec 2013, 10:01 am
Are these ever good enough? [read post]
10 Dec 2013, 6:11 am
Sovereign Wealth Funds (“SWFs”) also provide host states with an important source of revenue for undertaking projects these states may no longer be able to afford, “[c]reditors are also beginning to govern outright. [read post]
10 Dec 2013, 3:38 am
Examining Attorney Ingrid C. [read post]
10 Dec 2013, 3:21 am
Examining Attorney Ingrid C. [read post]
9 Dec 2013, 3:39 am
Opposer's dilution-by-blurring claim was dismissed: its proof of fame in the Section 2(d) context fell short, and so it perforce could not meet the higher standard for proof of fame under Section 43(c). [read post]
9 Dec 2013, 2:14 am
The post In the Supreme Court w/c 9 December 2013 appeared first on UKSCBlog. [read post]
9 Dec 2013, 12:27 am
This opposition was based on two grounds, first that on account of the similarity of the respective marks and the identical nature of their respective goods, there was a likelihood of confusion of the relevant consumers under Article 8(1)(b) of the Community Trade Mark Regulation and secondly that, on account of the reputation of the earlier mark, the use of a similar mark by Elena, without due cause, would take unfair advantage of the reputation of that… [read post]
8 Dec 2013, 8:44 pm
Consequently, physical limitations that still exist beyond the one-year mark are more probably than not permanent. [read post]
7 Dec 2013, 8:47 am
Norovirus cases were increasing throughout Europe and the Pacific at the same time. [36] One issue with cruise ships is the close contact between people as living quarters are so close, and despite education efforts, there still seems to be a lack of public understanding regarding how the illness is spread. [7, 14] On the other hand, reporting occurs much more quickly in these situations because of the close proximity and concentration of illness, allowing for the quicker detection of outbreaks. [8]… [read post]
6 Dec 2013, 3:14 pm
(Pix (c) Larry Catá Backer 2013) States and the international community have been moving toward one of three distinct approaches to regulating corporate governance. [read post]
5 Dec 2013, 5:23 pm
Otherwise, we would not have antibiotic soaps as common commercial goods, physicians would not prescribe antibiotics for viral diseases and, for clarity, we would call “antibiotics” antibacterials. [read post]
5 Dec 2013, 6:36 am
Carried over from a previous case: the burden is on the senior user to provide “proof that the use of the later mark is or would be detrimental to the distinctive character of the earlier mark requires evidence of a change in the economic behaviour of the average consumer of the goods or services for which the earlier mark was registered consequent on the use of the later mark, or evidence of a serious likelihood that such a change will occur… [read post]
4 Dec 2013, 12:32 pm
In January 2002 Martin Y Paz obtained registration of that sign as a Benelux trade mark for goods in Classes 18 and 25 (‘the mark Nathan Baume’). [read post]
3 Dec 2013, 6:11 am
Judge Stanton wrote that marks on the supplemental register are entitled to protection under the Lanham Act if "mares are entitled to protection under common law -- that is, if . . . the marks are sufficiently distinctive to distinguish the goods from the goods of others." [read post]
