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7 Aug 2018, 1:16 am
Mitsubishi took Duma to court over trademark infringement over the matter, with the case ending up all the way at the CJEU this summer.The referring court asked the CJEU two questions, which it considered together, asking in essence "…whether Article 5 of Directive 2008/95 and Article 9 of Regulation No 207/2009 must be interpreted as meaning that the proprietor of a mark may oppose a third party removing all the signs identical to that mark and affixing other… [read post]
7 Aug 2018, 1:16 am
Mitsubishi took Duma to court over trademark infringement over the matter, with the case ending up all the way at the CJEU this summer.The referring court asked the CJEU two questions, which it considered together, asking in essence "…whether Article 5 of Directive 2008/95 and Article 9 of Regulation No 207/2009 must be interpreted as meaning that the proprietor of a mark may oppose a third party removing all the signs identical to that mark and affixing other… [read post]
25 Jul 2017, 1:12 am
That consideration does not prevent the CJEU from making remarks which may guide that court in making its assessment. [read post]
28 Jul 2024, 7:08 am
Even though the average consumer is aware that trade mark owners may use their signs in an altered way, the alteration on Nike’s trousers led to a different overall impression. [read post]
18 Jul 2018, 9:18 am
Since Kavanaugh’s nomination, several major disability organizations have expressed concern that he may weaken laws to protect those with disabilities from discrimination in areas such as healthcare, education, employment, and housing. [read post]
15 Jan 2019, 3:15 am
In assessing a failure-to-function refusal, and particularly whether a mark is merely ornamental, the Board may consider whether the mark is a common expression. [read post]
12 Jun 2019, 3:14 am
"Further, an applicant may not resort to Section 2(f) to register a term that does not identify source and is merely informational because such a term does not meet the statutory definition of a mark [Section 45 of the Lanham Act] and is therefore unregistrable. [read post]
3 Oct 2017, 2:32 pm
The owner of the mark may then proceed to enjoin the use of the mark if it was done by another unknowingly or the owner may be entitled to recover damages if the mark was used with the intent to cause confusion or deceive. [read post]
6 May 2020, 1:57 am
On 6 May 2020, ASX listed holding company QANTM IP Limited (ASX:QIP) announced that it has reached agreement to acquire the boutique Sydney-based IP firm Cotters Patent & Trade Mark Attorneys. [read post]
1 Mar 2019, 12:56 am
Dhordain noted that proving acquired distinctiveness may pose a particularly high hurdle for trade mark owners in this context. [read post]
25 Mar 2022, 7:24 am
In May of 2017, the couple separated. [read post]
16 Mar 2012, 3:20 am
We may never know. [read post]
20 May 2008, 4:21 am
A pdf version may be found here.Unfriendly Shores? [read post]
5 Nov 2015, 6:00 am
Of course even without a federal trademark registration, a mark may still be used. [read post]
6 Oct 2010, 6:30 am
In addition, a court may award treble (triple) damages if there is a finding of bad faith on the part of the offending party. [read post]
17 Jul 2012, 6:56 am
Prosecutors recently released close to 150 jail phone calls of George Zimmerman, some which may indicate that Zimmerman's attorney, Mark O'Mara, knew about Zimmerman's online donations, which he failed to disclose to the judge at his first bond hearing. [read post]
11 Jul 2010, 7:00 am
Fans of the book may enjoy this related news story.Five pieces of trivia:1. [read post]
21 Oct 2023, 5:45 am
Thus, the primary issue behind this request was the extent to which criminal enforcement of trade mark infringement may be considered a matter of EU law (and, consequently, be admissible for interpretation by the CJEU).The CJEU started its ruling by reminding that Directive 2004/48/EC only covers matters of civil enforcement of IP rights, not criminal enforcement. [read post]
10 May 2019, 1:24 am
The Hearing Officer disagreed and cautioned that while some device marks that say nothing about the goods may be distinctive, the device could instead be seen as a decorative element rather than a badge of origin. [read post]
27 Jul 2018, 3:04 am
" But there is no categorical rule that the USPTO may cite a Supplemental Registration only when the marks are substantially identical for substantially similar goods, or that a different test for likelihood of confusion should be applied. [read post]
