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30 Jul 2012, 7:06 am
Fortunately BMW came to the rescue again: in Commercial Auto Glass (Pty) Ltd v BMW AG 2007 (6) SA 637 (SCA) para [9] the court held that, while a phrase like ‘BMW spare part’ by a third party would infringe, a statement such as ‘spare part for BMW vehicle’ would enjoy the protection of section 34(2)(c) - a trade mark is not infringed by ‘the bona fide use of the trade mark in relation to goods or services where it is reasonable to… [read post]
26 Jul 2012, 7:53 pm
C-324/09 ¶34 [read post]
26 Jul 2012, 4:20 am
You would think.Instead, Bennett was reminded of the adage that no good deed goes unpunished. [read post]
25 Jul 2012, 7:56 pm
Copyright © 2010 Mark Bennett. [read post]
25 Jul 2012, 6:53 am
[and] wished Drybrough `good luck. [read post]
24 Jul 2012, 3:10 pm
So watch out for Case C-260/12 P Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs). [read post]
24 Jul 2012, 11:34 am
L. 2004, c. 132, § 10, eff. [read post]
23 Jul 2012, 1:39 am
This final post in the series tries to provide a broader context for what just occurred as the decisions mark the culmination of a ten year transformation of copyright at Canada's highest court. [read post]
21 Jul 2012, 2:52 am
No. 40/94 on the Community trade mark. [read post]
20 Jul 2012, 2:59 pm
Larsen Bakery, Inc., 02-C-0675, 2006 WL 2168797 (E.D. [read post]
20 Jul 2012, 11:45 am
That was good as far as it went, but then what? [read post]
19 Jul 2012, 6:02 am
236/08 to C? [read post]
17 Jul 2012, 9:59 pm
C. [read post]
17 Jul 2012, 5:50 am
Mandate opponents argued that it was unprecedented for the government to force individuals to purchase goods and services from private parties. [read post]
16 Jul 2012, 2:36 pm
In all seriousness (no, on second thought, I'm just not ready for all seriousness), my nephew is a graduate student in Math at UMich, and he is really, really good at that stuff. [read post]
16 Jul 2012, 1:45 am
Don’t be fooled by the question mark in the title. [read post]
16 Jul 2012, 12:28 am
First it summarised the relevant Court of Justice case-law for establishing whether a mark has distinctive character, paying special attention to Case C 398/08 P Audi. [read post]
15 Jul 2012, 11:03 am
Comparison of the marks/signs concernedThis involves an analysis of whether the marks concerned are similar a. visually, b. phonetically or c. conceptually bearing in mind the marks viewed as a whole and having regard to the distinctive and dominant components. [read post]
15 Jul 2012, 1:31 am
He's also just written a very good book called Higher Order Perl. [read post]
