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5 Jul 2019, 5:00 am by Aron Laszlo
More from our authors: Mediation: Creating Value in International Intellectual Property Disputes by Théophile Margellos, Sophia Bonne, Gordon Humphreys, Sven Stürmann € Design Rights, Functionality and Scope of Protection by Chris Carani€ 199 [read post]
4 Jul 2019, 3:00 am by Kluwer Patent Blog
” 2) India: Deceptive Similarity of Trademarks by Amrit Singh “In India, so-called translation cases, where a later mark is (or is alleged to be) a mere translation of an earlier mark leading to confusion resulting from conceptual similarity, are dealt with under the concept of “deceptive similarity”. [read post]
3 Jul 2019, 3:41 am by Marina Perraki
It is even harder to see how consumers (and even pharmacists) will not be making a link between the two products, an automatic reaction when one encounters the new Salospir; and how goodwill of the Aspirin® mark will not be transferred to the new Salospir, contributing ultimately also to the risk of the Aspirin® mark becoming generic. [read post]
1 Jul 2019, 1:22 am by Agnieszka Sztoldman
Furthermore, the Polish Supreme Court points out that in assessing the infringement of renowned trademark, as part of the overall examination to assess whether or not there is a link or risk of association, it cannot be merely noted that trademarks are dissimilar because of their potential different meanings for relevant consumers to conclude that the marks are overall dissimilar. [read post]
25 Jun 2019, 1:40 am by Louise Thorning Ahle
The dispute started in October 2017 when the energy company DONG Energy A/S decided to change their name to ØRSTED, using the mark figuratively as To give you an idea of the commercial interest in the new name for the energy company, you must know that Ørsted is the largest power producer in Denmark with a group revenue of DKK 76.9 billion (EUR 10.7 billion). [read post]
14 Jun 2019, 1:57 pm by Rebecca Tushnet
Neoconceptualist—Gordon is somewhere between a realist and a neoconceptualist. [read post]
13 Jun 2019, 2:01 am by Robert Margolis
Robert MargolisDistrict court correctly held that trademark owner failed to raise genuine factual issue as to secondary meaning of the asserted mark. [read post]
5 Jun 2019, 7:32 am by Aditi Gupta
The court found the mark “POWER FLEX” to be infringing the plaintiff’s house mark “POWER” which has been in use for almost 50 years. [read post]
28 May 2019, 4:07 am by Blair Albom
Blair AlbomThe mark owner had sent a cease-and-desist letter to the defendant—a competing seller of equipment to the cosmetics industry—more than four years before filing suit, establishing that it knew of the infringement at that time. [read post]
19 May 2019, 9:30 pm by Dan Ernst
“Motor carriers unit gets underway” (LC)“The story of transportation in the United States,” wrote David Lilienthal, who had studied with Felix Frankfurter at the Harvard Law School in the early 1920s, “has been marked by constant and almost bewildering changes in the facilities by which the movement of men and goods has been effected. [read post]
17 May 2019, 9:30 pm by Dan Ernst
Gordon, Stanford Law, on Private Practices, Public Projects: Reflections on Connections between Work for Clients and Public Activities in the History of the Legal Profession last Thursday at Northwestern University. [read post]
17 May 2019, 8:04 pm by Emmanuel Larere
Therefore, Clinique filed a motion requesting a preliminary injunction based on likelihood of confusion and misappropriation of the reputation of the CLIINIQUE mark. . [read post]
17 May 2019, 6:55 am by Thomas Long
§9, in favor of a group of individuals from the Bobov Hasidic Jewish community in Brooklyn who claimed exclusive trademark rights to the mark BOBOV, the U.S. [read post]