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11 Mar 2014, 2:06 am
Unless the pursuit of this balance was to be abandoned, that concept included all (in-)activity by which the proprietor of a trade mark showed “that he is not sufficiently vigilant as regards the preservation of the distinctive character of his trade mark”.Where sellers of a product, which is made by using material supplied by the proprietor of the trade mark did not generally inform their customers that the name of the final product was a registered… [read post]
19 May 2011, 2:20 pm
Baxter In the United States, patent owners or licensees are required to inform alleged infringers of their possibly infringing behavior prior to being able to recover damages for the infringement of a valid U.S. patent. (1) Marking a product with the applicable patent number provides the requisite notice. (2) However, failure to monitor products marked with a patent number can have dire consequences. 35 U.S.C § 292 prohibits the marking of an… [read post]
1 Sep 2021, 1:12 pm
The court’s approach is actually to assume marking unless the defense objects with at least some minimal evidence of the lack of marking. [read post]
3 Oct 2007, 3:56 am
Under its changes to the trademark examination process on relative grounds that started on October 1, 2007, the UK Intellectual Property Office will no longer refuse to register a new trade mark application because of an earlier conflicting trade mark, unless the owner of the earlier mark successfully opposes the new application. [read post]
26 Jun 2022, 11:18 am
The post The return of the scandalous mark denial? [read post]
18 Dec 2007, 8:29 am
Mark Scarberry testified before the Senate on December 5, 2007 about two pending bills dealing with the problem of chapter 13 debtors trying to modify their home loans. [read post]
16 Jul 2010, 7:14 am
"It is unclear whether Rule 9(b)’s heightened pleading standard applies to false marking claims. . . . [read post]
20 Dec 2011, 2:51 pm
At issue in this case is whether Rollashoe’s trademark, Footzyrolls, likely causes confusion with Tootsie Roll or dilutes the value of the Tootsie Roll mark. [read post]
15 Jun 2009, 10:25 am
Canada's Federal Court recently refused to expunge a trade-mark registration based on the the U.S. doctrine of fraud on the trade-marks office. [read post]
13 Mar 2017, 9:29 am
Mark Metzger & Mark Merenda (1950-2017) on the streets of San FranciscoIt started as a ruse. [read post]
25 Apr 2012, 3:00 am
Of course, even with consent, such an amendment will be accepted only if it does not materially alter the mark. [read post]
21 Feb 2008, 11:25 am
The jurors in the Mark Jensen trial returned their verdict: murder. [read post]
26 Sep 2008, 1:38 pm
Mark-to-Market accounting is a rule of transparency -- companies have to discuss the fair value of assets on their balance sheet. [read post]
14 Jul 2011, 4:30 am
In accordance with a sole distribution agreement which it made with the Norwegian producer of the bottle, Kosan enjoyed an exclusive licence to use those bottles as a shape trade mark in Denmark as well as the right to take legal proceedings against infringements of the mark. [read post]
26 Jun 2009, 4:30 am
Canada's Trade-marks Office announced two (2) changes to its practices, effective June 17, regarding the time to respond to office actions and notifications regarding confusing and co-pending trade-mark applications. [read post]
6 Jun 2013, 1:45 pm
Global Soap’s trade mark was alleged to be a deceitful duplication of the ARIEL trade mark and likely to cause confusion. [read post]
28 Feb 2014, 6:58 am
Except for the issue of the marking of cigarettes,here,this Kat is hard-pressed to recall the last time that trade marks were the focus of passionate (or other) public debate. [read post]
4 Jan 2019, 6:40 am
" So begins, Carr J's latest trade mark judgment in the English High Court - Pathway IP SARL v Easygroup Ltd [2018] EWHC 3608.This case was a High Court appeal from a successful application by EasyGroup to revoke two trade marks for non-use. [read post]
24 Aug 2006, 5:09 am
Applicant Trico won the phantom mark battle but lost the war in its attempt to register the marks shown below for windshield wiper blades. [read post]
30 Sep 2013, 10:12 pm
The backlog is a major problem for trade marks in RSA.The "Copyright Tribunal also functions as the Trade Mark Tribunal..."? [read post]
