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21 Feb 2013, 2:49 am
For example, Section 11(1) of the UK's Trade Marks Act 1994 provides: "A registered trade mark is not infringed by the use of another registered trade mark in relation to goods or services for which the latter is registered" No equivalent provision exists in the Community Trade Mark Regulation. [read post]
20 Feb 2013, 12:00 pm
Fleming and Linda C. [read post]
20 Feb 2013, 5:47 am
But, shortly before the race, plaintiffs bought the registered mark at a bankruptcy auction and sent a C&D even before title was officially transferred. [read post]
19 Feb 2013, 2:03 pm
For example, according to mark owners, it is often unclear whether a seller on an Internet sales channel is an authorized sales agent, a group selling counterfeit goods, or a legitimate reseller of goods in the secondary sales market. [read post]
15 Feb 2013, 9:13 am
The test prescribes that a court look to: (1) strength of the mark; (2) proximity of the goods; (3) similarity of the marks; (4) evidence of confusion; (5) marketing channels; (6) types of goods and customer care; (7) intent; and (8) likelihood of expansion. [read post]
13 Feb 2013, 3:25 am
This was followed by an analysis of Case C-324/09 L'Oréal v eBay, and the extent to which an online host of goods sold by third party traders can be required to monitor or take down infringing sites. [read post]
7 Feb 2013, 12:07 am
§§ 17.47(c) (DTPA); 521.151(a) (ITEPA). [read post]
6 Feb 2013, 2:49 pm
This provision states that: The following shall not be registered: … (c) trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service. [read post]
6 Feb 2013, 8:40 am
Ummm…isn’t that the core basis of good advertising? [read post]
6 Feb 2013, 8:40 am
Ummm…isn’t that the core basis of good advertising? [read post]
6 Feb 2013, 3:28 am
It is a standard way to describe and organize the types of goods and services to which the marks apply. [read post]
4 Feb 2013, 7:08 pm
Complementarity and polyentricity, then, mark the framework of the Guidelines and shape the obligations of adhering [read post]
1 Feb 2013, 4:46 pm
By law, again, it will remain in effect until the Judge who issued it agrees to modify it, or dissolve it, for good cause shown. [read post]
1 Feb 2013, 9:42 am
Supp.2d at 973-74 (citations and quotation marks omitted). [read post]
1 Feb 2013, 6:00 am
Think Four C’s: cameras (front and back and video); connectivity (HDTV connection allows you to show any app up on a big, high definition screen); crunching speed (the new faster processor shows and means greater efficiencies for business-heavy multi-tasking); and, capable browsing (software enhancements make the browser better than ever. [read post]
1 Feb 2013, 3:35 am
Applicant HCA International applied to register the mark shown immediately below for various goods and services in International Classes 16, 36, 42, and 44. [read post]
31 Jan 2013, 2:39 pm
Good news for lawyers! [read post]
28 Jan 2013, 3:10 pm
A katpat goes to our good friend Estelle Derclaye for this link to news of an exhibition of lolcat art which is currently gracing the catwalks of London. [read post]
28 Jan 2013, 4:35 am
A false advertising claim can be brought against a defendant who misrepresents the quality of its own goods. [read post]
