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30 Dec 2008, 9:00 pm
Kantor v Commissioner of Internal Revenue - The issue for decision in this case was whether the taxpayer  was entitled under section 475(f) to use the mark-to-market method of accounting in connection with his business as a securities trader. [read post]
27 Oct 2011, 3:11 pm by war
At least questions (a) and (b) set out above seem to be the sort of questions which courts have typically found acceptable, at least since the Jif Lemon case, as they do not involve the survey respondent engaging in undue speculation. [read post]
9 Apr 2010, 12:44 pm
Dr Joseph Fesenmair (Bird & Bird, Munich) then gave an explanation of the Court of Justice of the European Union's ruling last year in Case C-487/07 L'Oréal v Bellure. [read post]
28 Jun 2022, 4:01 am
The Board noted that "[i]n this case, Applicant’s prior registration issued in 2021 and thus is not contestable, for a mark with similar elements identifying some of the goods at issue herein. [read post]
14 Sep 2013, 11:38 pm
Particularly vulnerable in this case is the name ‘Kit Kat’, which may lose its exclusive association with the Nestlé candy bar, therefore lessening the strength or value of this mark as an identifier for its goods. [read post]
30 Mar 2010, 1:26 pm by The Docket Navigator
In an earlier post we noted that 69% of the known false marking cases allege one or more expired patents as the basis for a false marking claim (“expired patent cases”). [read post]
12 Mar 2006, 3:28 pm
Mark Steyn in the Chicago Sun-Times, here:***Media shockingly ignorant of Muslims among usMarch 12, 2006Chicago Sun-TimesBY MARK STEYN SUN-TIMES COLUMNISTThis week's Voldemort Award goes to the New York Times for their account of a curious case of road rage in North Carolina:"The man charged with nine counts of attempted murder for driving a Jeep through a crowd at the University of North Carolina at Chapel Hill last Friday told the police that he deliberately… [read post]
8 Nov 2018, 3:04 am
For practitioners the message was that whilst there may be a grace period for adjustments post-Brexit, it may be wiser to take action now in order to avoid issues such as being unable to service clients, and the rush to meet EUIPO guides that will likely incur high costs.The Keynote: Key Trade Mark Cases of the Last 12 monthsBenet Brandreth QC (11 South Square) gave an enthusiastic review of some of the most interesting Trade Mark cases in the last 12 months; such… [read post]
13 May 2016, 11:01 am
Whilst there will be some easy cases (eg, having hundreds of boxes bearing a brand owner’s mark apparently ready for use), there are difficult cases – what if the infringement would only be due to a likelihood of confusion? [read post]
21 Mar 2008, 5:00 am
" The word VIKING in Applicant's mark reinforces the "'Viking' motif" and increases the similarity between the marks.Comparing the marks in their entireties, the Board found the similarities sufficient to support a finding of likelihood of confusion.Weighing all the pertinent factors, the Board concluded that confusion is likely, noting that any doubts that might exist are to be resolved in favor of the prior registrant.TTABlog comment: If you were… [read post]
1 Jun 2009, 2:15 am
Mark Cuban, named in an insider trading case by the SEC, is striking back.A fair reading of the case against him reveals that it is not much of a case. [read post]
2 Mar 2010, 4:46 am by Dennis Crouch
  This background law was described by the Supreme Court in its 1936 case captioned Wine Ry. [read post]
17 Oct 2013, 10:43 am by Mark Astarita
All are collected in Mark Cuban SEC. [read post]
31 Mar 2010, 4:25 pm by Noric Dilanchian
For a longer lesson, with case studies, read our most recent article on the topic -Trade mark distinctive brands, save legal costs. [read post]
8 Jul 2012, 9:30 pm by Darren
Some of the Principles have not been considered under our law eg (e) which results from a unique case. [read post]
8 Mar 2024, 7:31 am by Julius Stobbs (Stobbs IP)
Article 6 of REULA, which (unlike the rest of the Act) is not yet in force, gives the UK Court of Appeal and Supreme Court extensive powers to depart from retained EU case law, and also from retained UK domestic case law. [read post]
4 May 2017, 6:34 am
In response, opposer contended that applicant failed to make out a prima facie case of abandonment and that, in any event, any period of opposer’s nonuse is excusable.The evidence provided by opposer 3rd Generation showed use of the mark in 2009 and continuing until 2012, when opposer lost its biggest customer. [read post]
1 Sep 2021, 1:12 pm by Dennis Crouch
  In this case, Lubby did not disclose its damages computations until the day before trial, and those computations included request for back damages. [read post]