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23 Nov 2023, 6:58 am
Below, you’ll find a weekly summary of what happened on the IPKat recently, while competent authorities were busy handing down interesting decisions in IP-related cases.Image: shutterstock.comTrade marks Kevin Bercimuelle-Chamot reviewed a recent decision of the EUIPO’s First Board of Appeal concerning an opposition to the registration as an EU word mark of “miababy”, grounded on its alleged confusing similarity with the earlier trade mark… [read post]
29 Dec 2020, 1:22 am
Case date: 19 November 2020 Case number: No. 19-2750 Court: United States Court of Appeals, Second Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
1 Nov 2012, 3:23 am
Perhaps that explains why its case went so swiftly down the drain.Text Copyright John L. [read post]
19 Jul 2018, 3:05 am
In any case, the literal portion of a mark is generally given greater weight.The cited mark could be depicted in the same stylization as applicant's mark. [read post]
9 Dec 2016, 3:40 am
"Thus, although this third-party evidence does weigh in favor of applicant by narrowing the scope of protection merited by the term FUNDAMENTAL, "it does not outweigh the factors of the similarity of the marks, relatedness of services and trade channels in this case. [read post]
14 Feb 2023, 5:39 am
The Board then found that the rebuttal testimony - concerning opposer's sales figures, promotional efforts, and policing - was improper because it comprised testimony that should have been offered in opposer's case-in-chief. [read post]
26 Sep 2013, 6:06 pm
Marshals and courthouse security officers.Other family members begged to be allowed to give their phone numbers to "Pinky" — Marks' family nickname — so she could call them from jail.One grandson jeered at the lead investigator on the case, retired Fort Lauderdale Detective Charlie Stack, asking him, "How are you feeling now, Charlie? [read post]
16 Feb 2010, 9:17 am
In the case of Qualitex Co. v. [read post]
15 Jun 2015, 5:50 pm
The post FedEx Agrees to $228 Million Settlement in Independent Contractor Case appeared first on HRWatchdog by Gail Cecchettini Whaley. [read post]
13 Feb 2023, 8:35 am
This line of case law is supported by the recent General Court judgment in YAplus DBA Yoga Alliance v EUIPO (case T-443/21). [read post]
28 Jul 2012, 5:44 pm
John Kampfner is closer to the mark when he writes that“common sense has finally prevailed”. [read post]
27 Sep 2021, 3:41 am
"Cases involving prior registrations under the thirteenth factor customarily consider whether substantially similar marks should be allowed to coexist on the Register because of an applicant’s prior registration of a similar mark for the involved goods or services. [read post]
19 Dec 2022, 3:47 am
A fairly straightforward Section 2(d) case like this one usually results in an opinion of 15 or 20 pages. [read post]
13 Nov 2014, 6:23 am
And so this is not a case similar to Knight Textile, where common use of the term ESSENTIALS, even though registered, was sufficient to distinguish the mark NORTON MCNAUGHTON ESSENTIALS for women’s clothing. [read post]
18 Nov 2021, 12:50 am
Kat friend Jan Jacobi reports on a recent case where only the intrepid dare tread—-trade mark exhaustion and market partitioning. [read post]
9 Nov 2017, 9:34 pm
These kinds of recognition and association do not amount to distinctiveness for trade mark purposes, as the CJEU has now confirmed in its decision in this case. [read post]
27 May 2019, 2:31 am
The GC recalls that, according to the case-law, in the context of opposition proceedings, the EUIPO is required to presume that the earlier mark is valid. [read post]
11 Dec 2013, 1:16 pm
However, all hope is not lost for trade mark owners in cases such as these. [read post]
8 Aug 2016, 4:08 pm
ATHEER MATTI dba GLASS DEPOT Trial counsel: Mark Blane, Esq.Trial co-counsel: Edward J. [read post]
8 Aug 2016, 4:08 pm
ATHEER MATTI dba GLASS DEPOT Trial counsel: Mark Blane, Esq.Trial co-counsel: Edward J. [read post]
