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23 Apr 2023, 8:54 pm
The High Court overturned the previous decision of the Full Federal Court favourable to Allergan by ruling that: reputation of a brand was not a relevant consideration in assessing deceptive similarity of trade marks – this test must be applied uniformly to both newly registered and well-known marks; the trade marks PROTOX and BOTOX were sufficiently different; and Self Care did not use the slogan in an infringing manner (as a trade mark) but rather… [read post]
23 Apr 2023, 8:54 pm
The High Court overturned the previous decision of the Full Federal Court favourable to Allergan by ruling that: reputation of a brand was not a relevant consideration in assessing deceptive similarity of trade marks – this test must be applied uniformly to both newly registered and well-known marks; the trade marks PROTOX and BOTOX were sufficiently different; and Self Care did not use the slogan in an infringing manner (as a trade mark) but rather… [read post]
3 Nov 2020, 10:54 am
Instead, the examining attorney concluded that the evidence showed that TEXAS LOVE conveyed “a well-recognized and widely used concept or sentiment. [read post]
31 Aug 2020, 3:00 pm
And, naturally, the market has responded, increasing the supply of standard medical-grade face masks, as well as “designer” face coverings. [read post]
7 Aug 2018, 10:57 am
The recurring issue is whether to expand the legal scope of marks to include uses that go beyond the source identification function and the protection of a well-known mark. [read post]
7 May 2024, 3:57 am
Applicant focused on the registration for clothing, arguing that "there is a well-know relationship betteen the fashion (Class 25) and alcohol (Class 33) industries, such that notoriety in one industry will transfer to the other. [read post]
27 Mar 2024, 3:47 am
In other words, it is a threshold requirement of registrability that the mark “identify and distinguish” the goods and services of the applicant from those of others, as well as “indicate the source” of those goods and services. [read post]
7 Apr 2023, 4:23 am
Van Dyne-Crotty, 926 F.2d at 1160 (“[I]t would be clearly contrary to well-established principles of trademark law to sanction the tacking of a mark with a narrow commercial impression onto one with a broader commercial impression. [read post]
15 Dec 2014, 3:49 am
" identifying a well-known neighborhood of Miami Beach. [read post]
9 Apr 2023, 9:30 pm
The HLS Library hosted a virtual symposium on the book last year, Georgetown Law wanted to celebrate its appearance as well, because Professor Tushnet was a former, longtime member of its faculty. [read post]
28 Nov 2012, 1:13 pm
Talking of character and quality, the IP Draughts weblog is making the most of its inclusion in the American Bar Association's Blawg 100: if you value well-informed pedantry as much as this Kat does, be sure to give it your unswerving, unconditional support. [read post]
21 Jan 2016, 12:59 am
Even so, this writer thinks Justice Arnold applied the law as well as he could in the light of the answer given by the CJEU. [read post]
30 Nov 2020, 3:38 am
As the [CAFC] explained, demonstrating a real interest in opposing or cancelling a registration of a mark satisfies the zone-of-interests requirement, and demonstrating a reasonable belief in damage by the registration of a mark demonstrates damage proximately caused by registration of the mark. [read post]
6 Feb 2023, 4:05 am
” The examining attorney maintained that 100% THAT BITCH "is a commonplace expression widely used by a variety of sources to convey an ordinary, familiar, well-recognized sentiment. [read post]
1 Dec 2006, 12:33 am
The discussion of SPECIAL FX, now awaiting a ruling from the Court of Appeal, was particularly well handled, weighing up the prospect of the end of trade mark oppositions as we know them against the beginning of a boom time for heavyweight oppositions into which the parties pour vast resources. [read post]
15 Mar 2011, 4:49 am
If the mark was not abandoned then Brown owned it, based on Newton's transfer to him of the mark and its continuous use thereafter. [read post]
2 Jun 2018, 6:47 am
This requires filing a petition laying out facts and reasons for the change, as well as payment of the petition fee. [read post]
11 Oct 2013, 9:11 am
For your reference, I have attached the pages of the Gazette on which your marks appear, as well as a translation of the relevant information therein. [read post]
16 Sep 2008, 4:22 pm
In that case, the Fifth Circuit Court of Appeals also used the Rowley standard (good grades and test scores) as well as the testimony of teachers that the student could succeed without special education to conclude that the student was not eligible. [read post]
11 Jun 2012, 1:32 pm
As we have previously mentioned, the developments in the SEC's insider trading case against Mark Cuban have been worth watching closely, particularly because Mr. [read post]
