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14 Jan 2011, 9:40 pm
" Judge Mark Fratarcangeli is equally "a nice guy. [read post]
13 Sep 2012, 8:28 am
The Second Circuit remanded the case so that the district court could rule on YSL's counterclaims, one of which seeks a cancellation of Louboutin's mark. [read post]
16 Jun 2016, 2:43 am
Supposedly one can predict the outcome of a Section 2(d) case 95 percent of the time just by looking at the marks and the goods. [read post]
29 Oct 2013, 7:09 am
Does this case bring to mind any Elton John song? [read post]
5 Sep 2013, 3:28 am
But there were two major problems with this evidence: there was no proof that the marks are in actual use and, in any case, the registrations are for unrelated goods and services.The goods in the cited registration are described broadly and encompass those of the subject application. [read post]
6 Jan 2011, 9:15 am
It held that where a licensee willfully uses the mark for services beyond those authorized in the license, the licensor may seek disgorgement.While the court did not expressly limit its ruling to this factual setting, it was careful to avoid broad dictum implying that disgorgement is available in all trademark infringement settings, irrespective of proof of actual confusion.The case is Masters v. [read post]
20 Aug 2009, 11:33 am
My colleague Mark Murakami who blogs at hawaiioceanlaw.com will be covering today's oral argument in the Hawaii Supreme Court case Dupree v. [read post]
22 Feb 2024, 7:39 am
Pat Treacy) Wise Payments Ltd v With Wise Ltd and others [2024] EWHC 234 (IPEC) (9 Feb 2024)This was a case management conference in an action for trade mark infringement and passing off and a counterclaim by the first defendant for revocation of the claimant's mark on the grounds of an earlier right and passing off before Ms Pat Treacy [read post]
7 May 2012, 6:30 pm
In case you'd like more information, here's his campaign website. [read post]
10 Oct 2017, 3:30 am
This case was not your typical “cola war”, but rather involved TWIST, the well-known carbonated beverage brand which has been available in South Africa since the 1970s (originally as LEMON TWIST). [read post]
21 Aug 2008, 3:59 pm
A classic explanation, via the case method, of trademark law’s doctrine of foreign equivalents: Affirming a Section 2(d) refusal, the Board found Applicant’s mark AMMIRAGLIA for “wines, sparkling wines, liqueurs,” likely to cause confusion with the registered mark FLAGSHIP for vodka. [read post]
4 Apr 2013, 8:12 am
In case you have been living under a rock this all stems from Mark Mullen. [read post]
25 Jul 2020, 2:00 pm
As with the case of many cash-strapped hospitals whose bread-and-butter (mostly elective) procedures have dried up, primary-care physicians are being hit hard. [read post]
11 Jun 2008, 9:38 pm
Wolfe's Borough Coffee, Inc., Case No. 01 Civ. 5981, 2008 U.S. [read post]
2 Sep 2006, 8:45 am
As a general rule individual cases aren't highlighted here, and most executions marked by a simple post marking the end of a life. [read post]
17 Jan 2018, 3:30 am
Although the Army is opposing a standard character mark without a... [read post]
5 Oct 2016, 4:15 am
Tam, the Supreme Court made clear that its grant of review is only as to the disparagement provision in Section 2(a) of the Lanham Act, 15 U.S.C. 1052(a), but the outcome of this case will affect the other types of marks excluded by Section 2(a), such as marks that may be viewed as immoral or scandalous. [read post]
18 Oct 2021, 7:49 am
He began using the mark well before that, in 1985. [read post]
19 Dec 2018, 2:15 am
When applying to register unusual marks, such as the color purple in Cadbury’s case, the description provided at the time of filing the application is of key significance... [read post]
8 Oct 2021, 4:15 am
Decades of trademark litigation cases have relied on survey evidence that aims to assess what consumers in the marketplace subjectively believe to be true. [read post]
