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23 Feb 2009, 1:34 am
Dell's representatives have stated that the mark has not been used in the European Union for five years - but at this stage no detailed explanation has been given.The case is fascinating. [read post]
22 Mar 2024, 4:01 am
" However, Bertini failed to make a prima facie case of nonuse, and so the Board denied the petition. [read post]
20 Dec 2013, 4:40 am
The Board found that the examining attorney had made a prima facie case that THE COOLER COMPANY is "highly descriptive" of applicant's products. [read post]
7 Aug 2023, 1:00 am by Anna Maria Stein
The decision The BoA confirmed the decision by the Cancellation Division on the following grounds. 1) Examination standard to be applied The BoA recalled the case law concerning 3D trade marks consisting of the appearance of the product itself (T 360-12, C-26/17 P). [read post]
21 Aug 2012, 6:37 am by Daniel
On August 3, 2012, the US Court of Appeals for the Federal Circuit issued a decision in the case Lens.com, Inc. v. 1-800 Contacts, Inc. [read post]
21 Jun 2018, 10:10 am by Amy Howe
AFSCME (argued February 26, 2018): This is a case filed by Mark Janus, an Illinois child-support specialist. [read post]
8 Dec 2020, 6:02 am by Nedim Malovic
The referring court decided to refer the matter to to the CJEU for guidance on the following points:When assessing the question of whether use is genuine within the meaning of Article 12(1) of Directive 2008/95 in the case of a trade mark which is registered in respect of a broad category of goods, but is actually only used in respect of a particular market segment (high-priced luxury cars and parts), is account to be taken of the market for the registered category of goods overall… [read post]
8 May 2014, 3:45 am
However, the average consumer usually perceives a trade mark as a whole, and it is only in particular cases that the CJEU has accepted that it is possible that a component of a composite mark may retain an independent distinctive role in the composite sign concerned. * a finding that an element has an independent distinctive role may be based only on an examination of all the relevant factors of each case, which was not the case here. * the notions of… [read post]
13 May 2019, 2:28 am
Jacuzzis) and related services (e.g. relaxing massages and beauty care), in the same way as words such as ‘wellness’ or ‘resort’.Concluding remarksAs the dispute between the parties in the present case specifically relates to a trade mark in which one of the elements is the word "SPA", the solution largely depends on the perception that the relevant public has of this element in the light, on the one hand, of the way in which it is represented in… [read post]
21 Feb 2024, 11:04 pm by Eleonora Rosati
The CJEU was adamant that that would be the case in decisions like Funke Medien, C-469/17 and Spiegel Online, C-516/17. [read post]
20 Oct 2008, 2:06 am
Mark Lee of Manatt, Phelps & Phillips, LLP, wrote the chapter on copyright experts. [read post]
7 Dec 2006, 11:10 am
The four cases were consolidated and transferred to Chief Judge Thomas F. [read post]
7 Jun 2022, 5:25 pm by John Elwood
This week’s conference marks the second of the court’s last four scheduled conferences. [read post]