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18 Jul 2017, 1:08 am
The case will also have a knock-on effect in the Redskins litigation, undoubtedly clearing the path for the mark to remain registered. [read post]
16 Mar 2021, 9:33 pm
Fast forward 400 odd years and we have a case report of a South African judge navigating the turbulent waters of a trade mark dispute between a licensor and its former licensee involving the brands PACIFIC and ATLANTIC for cigarettes. [read post]
20 Feb 2020, 3:01 am
In a rare Section 2(e)(3) decision, the Board affirmed a refusal to register the proposed mark EMPORIO ITALIA for "bed sheets; pillow cases; comforters; bedspreads," finding the mark to be primarily geographically deceptively misdescriptive. [read post]
20 May 2007, 8:05 pm
In a New York Times op ed, Claremont Institute fellow Mark Helprin argues that we should have copyright laws that give the owners perpetual rights in their intellectual property. [read post]
18 Oct 2010, 7:47 am
That marks an increase of more than 700% from the previous month’s 27 dismissals, according to a follow-up piece in the newspaper that originally broke the story. [read post]
31 Jan 2014, 1:23 am
It's not a very big case and isn't posted on BAILII (you can access it here or download it here) -- but even a small case can have some significant content.Healey Sports and Jensen Cars both claimed to own the United Kingdom trade mark registration for the word JENSEN in relation to motor vehicles, parts, accessories etc. [read post]
13 Sep 2017, 5:22 pm
Under this provision, a court in the judicial district in which the domain name registry is located has in rem jurisdiction if "the domain name violates any right of the owner of a mark registered in the Patent and Trademark Office" and the owner of the mark "is not able to obtain in personam jurisdiction over a person who would have been a defendant in a civil action" under the ACPA or "through due diligence was not able to find a person who would have… [read post]
25 Nov 2019, 12:30 am
In the Nivea colour trade mark case (that had been dragging on for eleven years before the plaintiff declared the withdrawal of the cancellation action), the German Federal Patent Court answered the question in the negative. [read post]
28 Jul 2020, 3:37 am
Does this decision mean that Australian has standing to lose the case on the merits? [read post]
28 Feb 2019, 3:06 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided. [read post]
2 Dec 2015, 3:15 am
The USPTO refused registration of the mark DASH NEIGHBORHOOD for "retail store services featuring gasoline," finding the mark likely to cause confusion with the registered mark DASH IN for "retail store services featuring convenience store items and gasoline. [read post]
4 Jul 2013, 10:06 am
In the case of The Procter and Gamble Company v. [read post]
12 Jul 2021, 12:02 am
The case shows that the GPTO and the Federal Patent Court are familiar with the phenomenon of disemvoweling among word marks, which could the subject of further decisions. [read post]
2 Jul 2009, 11:00 pm
Court of Appeals for the Federal Circuit affirmed the TTAB's judgment in the Shinnecock Smoke Shop case, in which the Board affirmed the PTO's Section 2(a) false association refusal of the two marks shown below, for cigarettes. [read post]
6 Jan 2024, 6:22 am
The book explores the protections over biological material and their exhaustion under patent and plant variety protection laws.Trade Marks Anna Maria Stein outlined the decision from the General Court which held that an EU figurative trade mark representing a lion’s head encircled by rings forming a chain for use in the fashion sector had a low level of distinctiveness, and dismissed the opposition.Marcel Pemsel discussed a recent case about when a… [read post]
11 May 2012, 6:51 am
CNN Legal Analyst Mark NeJame steps up his role as investigative journalist in the George Zimmerman case. [read post]
26 Apr 2019, 9:11 am
The Law Office of Mark S. [read post]
29 May 2020, 11:30 am
This week in Other Barks & Bites: China’s top prosecution agency reports that cases involving IP rights violations have increased by 5,660% over the last 20 years; the USPTO extends additional patent- and trademark-related relief during the coronavirus pandemic; the Federal Circuit affirms dismissal of APA claims against the USPTO; UKIPO reports 8% decrease in patent applications during 2019; top executives from global pharmaceutical firms express concerns over voluntary COVID-19… [read post]
15 Jul 2010, 3:25 am
Thereafter, "the burden shifted to the plaintiffs to aver evidentiary facts establishing that the case falls within an exception to the Statute of Limitations" (Savarese v Shatz, 273 AD2d at 220 [internal quotation marks omitted]). [read post]
10 Apr 2009, 3:52 am
Furthermore, the Court noted that granting plaintiff's motion could result in the bizarre outcome of defendant being liable for violating plaintiff's trademark today, but tomorrow, after issuance of defendant's mark, defendant may be able to assert the trademark against plaintiff. * For more on this case, click here to read the Blog's archives about the case or here for a Las Vegas Trademark Attorney post about the case. [read post]
