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20 Jun 2017, 3:51 am
In a January 2016 letter [here], the Director of the USPTO recommended that the case be remanded to the USPTO because the reasoning in the CAFC's Tam decision "requires the invalidation of Section 2(a)’s prohibition against registering scandalous and immoral marks as well. [read post]
22 Mar 2017, 4:35 am
Roman Holiday VespaItalian online IP resource Marchi & Brevetti has just reported a very interesting and recent decision of the Criminal Section of the Italian Supreme Court (Corte di Cassazione) regarding the crime of counterfeiting within Article 474 of the Italian Criminal Code.More specifically, it its judgment on 17 March 2017 (sentenza No 13078/2017) the Fifth Section of the Supreme Court addressed the question whether the mere reproduction of the image of a Vespa [a… [read post]
26 Aug 2013, 6:54 am
ECV also specifically identified the marks allegedly infringed, and alleged that the word marks were used exactly on hats, shirts, and pins for sale, as well as on banners and in advertising. [read post]
10 Jun 2014, 2:41 am
Although the Board declined to reach the questions of issue and claim preclusion, the CAFC chose to resolve those issues as well. [read post]
30 Apr 2014, 1:24 pm
The Board of Appeal, defining the average end consumer as being "reasonably well informed and reasonably observant and circumspect", agreed with the Opposition Division that S&K's goods were identical or similar to the ‘clothing, headgear and footwear’ covered by the earlier mark and confirmed that there was no similarity between 'clothing, headgear and footwear' and ‘jewellery, precious stones and watches’. [read post]
30 Dec 2011, 8:37 am
But, first I want to point something out to Wells Fargo CEO John Stumpf and the folks at Wells Fargo. [read post]
27 Jan 2014, 3:03 pm
The legal definition of “use is commerce” will be discussed as well as what types of action rise to this level. [read post]
31 Aug 2010, 2:17 am
[it] produces and sells maps of many of the principal cities of the world as well as maps of underground transit systems. [read post]
28 Jun 2010, 7:23 am
Well, so maybe some Paul. [read post]
29 Oct 2010, 6:00 am
Blane In this video, attorney Mark C. [read post]
24 May 2009, 4:38 pm
Some headlines are reporting that L’Oreal lost its trade mark infringement action in the UK against eBay. [read post]
17 Oct 2018, 3:59 am
Blocking injunctions (at least for trade marks, but surely for copyright infringement too?) [read post]
18 Dec 2017, 1:24 am
Well, sort of… They were meant to be the cheaper, faster alternative to standard patents, intended to protect lower level or incremental inventions and promote innovation by SMEs. [read post]
14 May 2015, 7:21 am
(Note that the Abercrombie spectrum doesn’t work well for images, as the court implicitly holds by just saying “not strong” rather than “descriptive. [read post]
3 Jul 2013, 11:00 am
The Respondent has been a well-known manufacturers of razor, safety razor blade etc. in India since long. [read post]
25 Mar 2022, 6:20 am
Other such shortcomings and lack of UK/EU focus meant she was therefore unable to conclude that the opponent had a sufficient reputation in the earlier mark in relation to the Class 9 and 16 goods and the class 41 services relied upon, either in the UK or EU at the relevant date.In relation to this, the Judge clarified that the Hearing Officer was not deciding whether the Wonder Woman film was not a success or that the Wonder Woman fictional character was not well-known - instead,… [read post]
24 Feb 2015, 3:18 am
If there had been any likelihood of confusion, it would have been negated by the context, since Henry Bell’s use of the word “supreme” was always subsidiary to the prominent and well-known “MR JOHNSON'S” brand.* The use of the sign “supreme” was commonplace in the animal food sector [para 43 contains a list of 35 examples, of which this Kat's favourites are Wuffitmix Supreme Kibble and Country Wide Hamster Supreme -- though the… [read post]
21 Jan 2014, 3:25 pm
The shape in issue is essentially that of the well-known Kit Kat four-finger chocolate-coated wafer bar. [read post]
15 Aug 2024, 6:22 pm
"(Michel Foucault, The order of Things: An Archeology of the Human Sciences (NY Vintage Books, 1994 (originally Les mots et les choses (1970), p. xv) Jung's object was the I Ching; Foucault was to remind us of the endogenous character (at least within a collective bent on ordering the reality around it, and thus ordered to manage it) of epistemology; but law will do as well. [read post]
24 Apr 2016, 8:05 am
The repercussion of this decision may well be that someone gaming with a different lotto on the assumption that some of their funds are going to a charity.This is why Behr in her article advocates for greater protection for trade marks in the non-profit sector “because the work of these organisations affects the greater public as well as both potential donors and recipients”. [read post]
