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17 Sep 2013, 6:30 am
Sol Meliá, a public Spanish company, owns and operates the largest hotel chain in Spain and the third largest in Europe, as well as several hotels in North America using variations of the Meliá mark. [read post]
29 Jan 2014, 1:58 am
Because Fürstlich had filed an application to register the word sign CASTEL as a trade mark at the German Patent and Trade Mark Office while the invalidity proceedings before OHIM were ongoing.Fortunately, and showing a little common sense as well as legal understanding, the General Court annulled the decision of the Second Board of Appeal.* The argument on which Castel Frères sought to base its plea of inadmissibility, that Fürstlich had filed an… [read post]
26 Oct 2014, 8:16 am
In striking departure to this, in the UK, one needs to bear in mind what Laddie J said in the ELVISLY YOURS case (here), that fame leads away from distinctiveness in the trade mark sense and that “when people buy a toy of a well known character because it depicts that character, I have no reason to believe that they care one way or the other who made, sold or licensed it. [read post]
20 Jun 2023, 8:58 am
The defendant filed a counterclaim, seeking a declaration of invalidity of the Multiselect mark in respect of goods and services on which the infringement action was based, as well as other goods and services covered by the registration. [read post]
31 Jul 2007, 9:36 am
For many years, CHAPMANS has been a well-known trademark in the Vancouver clothing trade. [read post]
26 Sep 2006, 2:48 pm
Certain circuits (including the Seventh) currently hold that a plaintiff need only show that its mark is well-known among a defined segment of the population (e.g., Star Trek fans) in order to be famous for trademark dilution purposes. [read post]
29 Nov 2014, 12:36 pm
Anthropologie Inc. would be well advised to file a trademark application for ANTHRO for any additional services or goods other than their customer loyalty program, if the company is using the mark to brand other services or goods. [read post]
14 Mar 2007, 11:53 pm
" The Board found the mark not likely to cause confusion with the identical mark, registered and used for restaurant services. [read post]
10 Nov 2022, 7:31 am
I met some new colleagues with whom hope to become friends as well. [read post]
6 Jul 2007, 4:05 am
Applicant Sunset Health admitted in its answer that Opposer owns various federal trademark registrations for the marks DIET WATER and MIRACLE JUICE, but it denied the allegation that "[s]ince prior to November 2003, Opposer has had valid and enforceable rights in and to its DIET WATER mark. [read post]
7 Jul 2009, 10:58 pm
The Board affirmed a Section 2(e)(4) refusal to register the mark MERIWETHER for cabinetry, finding it to be primarily merely a surname. [read post]
20 Jun 2017, 3:18 pm
” “Holding that the registration of a trademark converts the mark into government speech,” Justice Alito concludes, “would constitute a huge and dangerous extension of the government-speech doctrine” (emphasis added).Well, yes, that would be a radical extension of government-speech doctrine. [read post]
31 Oct 2007, 2:12 am
By Mark A. [read post]
14 Nov 2013, 9:00 am
One of the opposing marks ... [read post]
19 Apr 2017, 4:57 am
”Argos Ltd v Argos Systems [2017] EWHC 231 (Ch), Deputy Judge Spearman QC (the Internet)This case involved the US based website argos.com, not to be confused with argos.co.uk which is the website of the well-known UK based company who were the Claimants in this action (“AUL”). [read post]
7 Dec 2009, 1:11 pm
The point is well made and a good one to remember. [read post]
21 Mar 2011, 11:04 am
While some of the practice pointers related specifically to litigation trial work, the general propositions and advice would apply to appellate work as well. [read post]
2 Jun 2015, 6:54 am
Mark Walsh provided a view from the Courtroom for this blog. [read post]
29 May 2020, 7:44 am
Well, it looks like one guy is scurrying from the fight. [read post]
18 Oct 2006, 5:00 am
Instead, Applicant referred to the double entendre cases as support for a broader proposition:"In the case of the double entendre marks, the consumer recognizes the clever use of a phrase that has a well-known second meaning. [read post]
