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5 Apr 2018, 10:49 pm
Currently, under section 123 of the Trade Marks Act, a party will not infringe a registered trade mark if they use that trade mark in relation to goods that are similar to goods in respect of which the trade mark is registered, if the trade mark has been applied to the goods by (or with the consent of) the registered owner of the Australian trade mark registration. [read post]
5 Apr 2018, 10:49 pm
Currently, under section 123 of the Trade Marks Act, a party will not infringe a registered trade mark if they use that trade mark in relation to goods that are similar to goods in respect of which the trade mark is registered, if the trade mark has been applied to the goods by (or with the consent of) the registered owner of the Australian trade mark registration. [read post]
29 Dec 2010, 9:33 am
Several companies have “overhead”-including registered marks, including several who market garage door products and/or services. [read post]
15 Apr 2019, 11:44 pm
As it was possible to delete a mark in the series, Cadbury thought it could deem the “predominant” wording one mark and delete it, getting rid of the problem. [read post]
15 Nov 2019, 3:00 am
Kat friend John Shaw reports on the latest trade mark dispute between Chanel and Catherine Sidonio. [read post]
1 Aug 2017, 10:22 pm
When the scope of protection is narrow, it should follow that the later mark does not need to be so far apart to escape the earlier mark’s monopoly. [read post]
3 Aug 2024, 3:04 pm
via lawliberty.org I like Mark Pulliam, perhaps because I might have had lunch with him during Reagan 2 or Bush 1. [read post]
11 Jul 2011, 2:55 am
" Opposer Karsten claimed likelihood of confusion with its registered mark PING and proved that the mark is famous in connection with golf-related equipment and services. [read post]
28 Oct 2008, 11:00 am
In re RSI Systems, LLC, 88 USPQ2d 1445 (TTAB 2008) [precedential].RSI for "printing machines": As to the marks, the Board not surprisingly found the letters RSI to be a prominent feature of Applicant's mark, and it concluded that "the literal portions of the marks are legally identical and the marks in their entirety are very similar in sound, appearance, meaning, and commercial impression. [read post]
27 Apr 2008, 6:38 pm
I have been corresponding with Canadian psychiatrist Dr Mark Lauderdale after being impressed by some of his writing on the Web.As a result Mark has kindly agreed to post on a topic that frustrates the heck out of many mediators - glass half empty parties. [read post]
24 Jan 2018, 10:01 am
This is not the first time Danjaq has taken legal action to protect its 007 marks. [read post]
15 Sep 2011, 11:46 pm
Related Posts: Burning Man’s Burning Marks Trademark Attorney Ponders Parody — Yankees v Evil Enterprises Frustrated Trademark Attorney Examines Frustrated Marks Geekview IP Week in Review Disney Withdraws its Trademark Registration Applications for SEAL TEAM 6 [read post]
14 Nov 2023, 12:08 pm
According to the ruling of the European Court of Justice on this mark, applying a colour to a specific part of the shoe can constitute a trade mark and fall outside the substantial value absolute ground.Distinctiveness of the mark needs to be assessed with reference to the goods and/or services for which protection is sought and the perception of the relevant public. [read post]
15 Jul 2014, 5:38 am
In a 71-page opinion, the Board sustained a Section 2(d) opposition to registration of the mark BRUCE WINSTON for gemstones and fine jewelry, finding the mark likely to cause confusion with the mark HARRY WINSTON and the registered mark WINSTON for jewelry. [read post]
24 Jan 2022, 7:32 am
Can something be simultaneously iconic and lack distinctiveness under trade mark law? [read post]
3 Apr 2014, 6:29 am
Disney maintains dozens of character mark and design mark registrations for Mickey Mouse in the U.S. and throughout the world. [read post]
16 Jan 2023, 11:50 am
Here’s what Jan writes:No small feat: Converse wins Dutch Supreme Court case on trade mark exhaustionby Jan JacobiAs explained in an earlier blog, proving trade mark exhaustion (within the meaning of Article 15 of the Trade Mark Directive) can be a very challenging task. [read post]
2 Feb 2021, 7:00 am
In March 2017, the Board considered that there was no likelihood of confusion between the Applicant’s mark and the Intervener’s mark, in light of the weak distinctive character of the earlier mark, the low degree of visual similarity between the signs, the lack of phonetic and conceptual similarity, and the varying degrees of similarity for some of the goods covered by the marks. [read post]
6 Aug 2007, 4:15 am
On 11 August 2004 Fosters' Australian lawyers filed trade mark application number 1015213 for its new beer brand, Carlton Pure Blonde . [read post]
19 Jun 2023, 7:07 pm
“Abortion rights supporters and opponents mark one year without Roe v. [read post]
