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13 Dec 2011, 2:55 am
I heard a TTAB judge say not long ago that the outcome of most Section 2(d) likelihood of confusion cases can be predicted just by looking at the marks and the identified goods/services, without more. [read post]
13 Mar 2019, 5:20 am
Therefore, even in case the one mark is pronounced as a single word ‘SO’ and the other by separating the sounds ‘S’ and ‘O’, the marks are still aurally similar to an above average degree. [read post]
7 May 2020, 5:14 am
" Applicant's mark is not incorporated into wording or into another design, as is the case in registered marks cited by the applicant. [read post]
11 Dec 2017, 12:30 am
They have some interesting thoughts on non-traditional trade marks and the impact of the recent EU trade mark reforms. [read post]
19 Jan 2014, 2:26 am
” Mark A. [read post]
2 Jul 2013, 4:39 am
Oral argument was heard on March 7, 2013 in the REDSKINS disparagement case, Blackhorse v. [read post]
4 Jun 2008, 4:54 pm
-based "Convictions" reader Mark I. [read post]
4 Nov 2021, 4:46 am
This case shows how to do it. [read post]
6 Sep 2024, 4:04 am
Adding or deleting terms from a registered mark generally does not obviate the similarity between the compared marks, as in the present case, nor does it overcome a likelihood of confusion under Section 2(d). [read post]
24 Jan 2008, 3:38 am
Supreme Court issued a stay.The country's top court has delayed several executions across the country since late September after agreeing to review a Kentucky case. [read post]
26 May 2011, 2:48 am
However, there was nothing in this case which warranted that course: here is nothing in the facts – or in the dynamics – of the present case which would provide any basis for the suspicion that, if it were precluded from using its present mark, the respondent would devise some artful similarity of the applicant’s mark, or would “sail close to the wind” as it is occasionally said. [read post]
28 Mar 2012, 2:12 pm
By Mark Favaloro, Misdiagnosis Victim Attorney Rick Shapiro, a Virginia medical malpractice attorney with the Shapiro, Lewis & Appleton law firm, recently wrote about a $15 million jury award for a woman whose breast cancer was not properly diagnosed by her doctor. [read post]
8 Feb 2018, 11:12 pm
A particularly interesting recent case in this vein was adjudicated by the Intellectual Property Office of Singapore. [read post]
15 Jun 2018, 3:22 am
" The Board's own case law suggests that the relatedness of beer and wine typically has resulted in a finding of likely confusion.The Examining Attorney's evidence showed that there are a significant number of examples of third-party use of a single mark by the same entity for beer and wine, including several businesses that call themselves "winery and brewery. [read post]
17 Jan 2014, 7:53 am
I will have to read this case again! [read post]
31 Jul 2018, 1:17 am
Cadbury challenged the registration, seeking to invalidate it, with the matter ending up with the CJEU 11 years later.The case revolves around Article 52(2) of the CTM Regulation, which allows for the registration of marks that have acquired distinctiveness through the use of the mark in conjunction with the goods or services. [read post]
31 Jul 2018, 1:17 am
Cadbury challenged the registration, seeking to invalidate it, with the matter ending up with the CJEU 11 years later.The case revolves around Article 52(2) of the CTM Regulation, which allows for the registration of marks that have acquired distinctiveness through the use of the mark in conjunction with the goods or services. [read post]
11 Mar 2007, 9:49 am
Ataiyero and Bonnie Miller Rubin, headined "A cultural taboo fades: Ruling altered mind-set on interracial marriage," marking the 40th anniversary of the Loving vs. [read post]
10 Aug 2017, 3:19 am
Those two cases involved oppositions to marks that were not identical to the opposers' marks. [read post]
9 Dec 2014, 3:50 am
Looking at case law, Neil then outlined misappropriation doctrine: was it an alternative basis for trade mark protection: its locus classicus, the US Supreme Court decision in International News Service v Associated Press has had "a pretty rocky last 90 years", he noted. [read post]
