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11 Mar 2019, 3:04 am
Assuming the contrary would enable the trade mark owner to use the mark for all goods and services within that class, including those for which the sign is descriptive. [read post]
9 Nov 2017, 12:25 am
Both Case C-371/02 BOSTONGURKA (ECLI:EU:C:2004:275) Case C-409/12 KORNSPITZ (ECLI:EU:C:2014:130) considered as they distinguished between a "consumer" and an "end user". [read post]
22 Apr 2016, 7:23 am
Benelux-Merkenbureau Case C-104/01 [2003] ECR 1-3793 The point was whether Libertel, a telecommunications company, could register the colour orange as a trade mark for telecommunications goods and services. [read post]
29 Nov 2018, 2:03 am
In particular, it is the proprietor of the word mark EASYJET for goods and services in Class 39 (transport, packaging and storage of goods, travel arrangement) of the Nice Classification, and a device mark including device mark the word easyFlights registered in respect of (inter alia) “transportation of goods … by air …; … cargo handling and freight services”, also in Class 39. [read post]
27 Dec 2023, 3:00 am
We previously discussed the case, which became a cause célèbre for many on the left and the right after Mark and Patricia McCloskey of St. [read post]
29 Nov 2009, 9:56 pm
The Bulgarian Court wanted to know whether Art5.3(c) of the trade mark directive, which concerns the export or import of articles bearing "the mark", applies only to goods coming from the rightholder -- or does it apply to any goods bearing the mark? [read post]
5 Jan 2016, 12:41 am
The titles of the books in the Harry Potter series registered as Community trade marks could not be compared to the mark at hand since Harry Potter is a fictional character;c. [read post]
19 Nov 2010, 3:00 am
Weatherford was able to prove by a preponderance of the evidence that it had used its FRACSURE trademark before C&J used its FRAC-SURE mark, therefore the TTAB rendered judgment in Weatherford's favor and canceled C&J's registration for FRAC-SURE. [read post]
29 Dec 2022, 2:03 am
The EUIPO Examiner had refused to register the trade mark applied for on the basis of Article 7(1)(b) and (c) EUTMR, finding it partially descriptive and devoid of distinctive character. [read post]
28 Sep 2020, 1:08 am
However, in Gomboc [C-237/19], the European Court of Justice, “CJEU”, held that shapes of decorative items, as well as shapes that may be protected by other forms of intellectual property rights, are not automatically deemed as providing substantial value to the goods themselves and therefore considered non-registrable. [read post]
28 Dec 2019, 3:22 am
The focal point of the case then turned to s.3(1)(a) of the 1994 Act, which states:3(1) The following shall not be registered –(a) signs which do not satisfy the requirements of section 1(1)...In turn, s.1(1) reads states:(1) In this Act a “trade mark” means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.A trade mark may, in particular, consist of… [read post]
25 May 2021, 6:30 am
Happy to be here Mark. [read post]
31 Jan 2013, 2:39 pm
Good news for lawyers! [read post]
4 Dec 2019, 1:11 pm
Last week, Advocate General (AG) Campos Sánchez-Bordona delivered an important Opinion in Coty Germany v Amazon, C-567/18 [not yet available in English]. [read post]
28 Nov 2023, 1:53 am
Misleading the public The Board began by setting out the essential function of a collective mark pursuant to Article 74(1) EUTMR, namely to distinguish the goods and services of the members of the association which owns the collective mark, from those of other undertakings (DARJEELING, C-673/15). [read post]
10 Feb 2019, 4:33 am
Code § 1125 (c)(3) states that it: (…) shall not be actionable as dilution by blurring or dilution by tarnishment under this subsection: (A) Any fair use [...] of a famous mark by another person other than as a designation of source for the person’s own goods or services, including use in connection with— (ii) identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of… [read post]
22 Jul 2019, 7:00 am
In re National Association of Veterinary Technicians in America, Inc., Serial No. 87171093 (July 19, 2019) [precedential] (Opinion by Judge Cynthia C. [read post]
21 Feb 2020, 2:58 am
” (This finding also ended Opposers’ Section 45(c) dilution claim.) [read post]
28 Aug 2018, 7:15 pm
The Court of Appeal applied the principles established by the Court of Justice in Philips/Remington (C-299/99), Lego/OHIM (C-48/09) and Nestlé (C-215/14). [read post]
17 Aug 2016, 6:10 am
”So far, so good, but the court goes on to say more things that ought to be disturbing. [read post]
