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16 May 2016, 3:14 am
," finding that Applicant FTD failed to show use of the mark with the recited service. [read post]
7 Nov 2018, 12:14 am
Again, the US District Court for the Southern District of New York provisionally concluded thatA reasonable factfinder may determine that, given the similarity between the two marks, Defendants' use of FEYONCÉ impairs the distinctiveness and selling power of the BEYONCÉ mark. [read post]
28 Aug 2023, 9:09 am
Be that as it may, it seems that the case law does not give much weight to the conceptual similarity or even identity, so the questions raised above may be more theoretical – yet still meaningful. [read post]
12 Jun 2019, 3:51 pm
In those cases, ceremonies that were meant to convey important symbolic or catalyzing moments in, and affirmation of, a current age may actually serve to mark the passing of that age. [read post]
9 Nov 2020, 4:32 am
Respondent may rely on its registration as proof of constructive use of the mark as of its application filing date (in this case, March 31, 2016). [read post]
24 Nov 2020, 3:33 am
”While we recognize that golf clubs, golf training aids and clothing that is broadly identified to include clothing worn while golfing may be available in common trade channels, there is insufficient evidence in the record that these goods travel in the same channels of trade or may be purchased by the same classes of purchasers.Finally, the Board considered the similarity or dissimilarity of the marks. [read post]
18 Aug 2020, 3:57 am
Importantly, a mark may be deemed deceptive "on the basis of a single deceptive term that is embedded in a larger mark…. [read post]
18 May 2016, 9:46 am
While the new rules may work in some cases, they create barriers that I believe will prevent widespread use of equity crowdfunding as a financing vehicle. [read post]
1 Oct 2018, 4:13 pm
Mark Bunting, is a member of Communications Chambers. [read post]
13 May 2017, 7:20 pm
My mother passed away on May 5, 2017. [read post]
19 May 2014, 8:59 pm
Their tragic deaths mark the third fatal shooting at this complex in under two years. [read post]
27 Nov 2007, 5:10 am
It registered (and used) the mark PICTIONARY. [read post]
11 Sep 2008, 9:30 am
As to the marks, the Board found that "[b]ecause the marks share the surname 'Edelman,' which is the only element in the registered mark and is a clearly recognizable and prominent element in applicant's mark, ... there are strong similarities between the marks in terms of appearance, sound, meaning and commercial impression. [read post]
7 Sep 2011, 1:50 pm
That may be so for several reasons. [read post]
11 Nov 2014, 2:46 am
Moreover, even careful consumers may be confused when similar marks are used in connection with identical services. [read post]
16 Jul 2013, 2:41 am
The earliest date on which respondent could rely was May 9, 2008, the filing date of the application that issued as the subject registration.Respondent pointed to the lack of evidence that petitioner's goods were labeled with the mark, but petitioner's testimony established that the packaging for the goods was so labeled, and it provided a label of the type that had been used. [read post]
27 Sep 2018, 2:46 am
Moreover, it is common knowledge that beer and vodka may be purchased in liquor stores. [read post]
12 Dec 2017, 7:08 am
However, the Board observed, an applicant may seek to register an element of a composite mark if that element presents a separate and distinct commercial impression.Among the circumstance in which a portion of a composite mark was found to be egistrable are:(1) The two components include a corporate name or house mark along with another trademark or a descriptive term. [read post]
4 Oct 2013, 4:03 am
However, he pointed to his advertisement and offer for sale of the subject goods on the English-language version of his website, and further asserted that machinery parts (presumably to make the goods) have been shipped since May 2011 (eleven months after his filing date) from his manufacturer in Utah to applicant in Mexico through one his licensees in Texas.The Board concluded that because Salazar did not sell or transport his identified goods bearing the subject mark in the… [read post]
7 Jun 2018, 2:58 am
As to the non-identical services, the third-party website evidence showed that these services may be provided in the same market to overlapping customers.Conclusion: The Board therefore affirmed the Section 2(d) refusal to register. [read post]
