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9 Jul 2023, 6:39 am
It promises to be an important case for the CJEU to tackle.The interplay between trade mark protection and freedom of expression is not new: only a few days ago, Marcel reported on the British Hairways German case.Earlier this year, the Italian Supreme Court also intervened on the place of freedom of expression in trade mark law, holding that the key question to answer to determine whether a parody of a well-known trade mark is lawful depends on whether that use at issue… [read post]
28 Dec 2019, 1:48 am
The IPKat is pleased to host this guest post by Katfriend Andrea Rossi (LA&P) on a dispute between the estate of the late actor and martial artist Bruce Lee and the holders of trade mark registrations which apparently represent his likeness.Here's what Andrea writes:Everybody was kung fu fighting: trade mark vs image rights - who will be the last one standing? [read post]
18 Nov 2022, 12:42 am
Of interest to users of such signs in the course of trade is that in the European Union, following the trade mark reform package in 2015, the “own name” defence has now been limited so that it is only available to natural persons who are using their own name or address in accordance with honest practice (Article 14(1)(a) EU Trade Mark Regulation, Article 14(1)(a) EU Trade Mark Directive). [read post]
9 Nov 2017, 12:25 am
This case was an appeal from a decision by Arnold J that various registered trade marks of The London Taxi Corporation (LTC) were invalid for (i) lack of inherent distinctive character, (ii) lack of acquired distinctiveness, (iii) the shape providing substantial value and (iv) in one instance, the mark was revoked for non-use.The CTMThe trade marks in issue (both UK and Community trade marks - now EU trade marks) depicted the shape of two types of… [read post]
18 Jan 2018, 2:32 am
§ 1127, a service mark is used in commerce “when it is used or displayed in the sale or advertising of services. [read post]
22 Sep 2009, 8:42 am
Mark touches on whether the home is a good investment given the current financial times. [read post]
26 Jan 2010, 8:21 am
But it's a web 2.0 world, and Mark is a Valorem 2.0 lawyer! [read post]
16 Apr 2012, 3:27 am
James Robertson of Marks & Clerk has written to the IPKat about an interesting copyright case in the US textbook publishing industry. [read post]
25 Apr 2014, 7:38 pm
Whether a mark is merely descriptive is determined in relation to the goods and services as identified in the trademark application. [read post]
30 Aug 2012, 1:12 pm
— Even before John Sigler and Laird Stabler arrived on the convention floor, the Delaware lawyers had left their mark on the Republican National Convention. [read post]
3 Aug 2011, 5:03 am
To mark the 60th anniversary of the Convention, the agency has launched the "1" campaign, which aims to humanize an issue often reduced to numbers by telling stories of individual refugees and other forcibly displaced people. [read post]
3 Dec 2007, 9:16 pm
Schultz summarized the dispute by saying: “The Ethiopian government wanted to potentially trade mark pieces of geography that stand for where the coffee is from, whether it is Harar or Sidamo or any other place and that is their privilege and their right. [read post]
3 Dec 2022, 7:44 am
These two issues seem motivated by advocates’ desire to drill down in to GPLs to show mark ups in all cremation prices. [read post]
24 Jun 2013, 5:50 pm
This is bi-partisan legislation and is expected to be approved by the Committee after mark up and sent to the House floor.The Committee’s Ranking Member, Rep. [read post]
18 Mar 2012, 9:52 am
MARK TAPSCOTT: Is lefty “grassroots activism” just one Potemkin Village after another? [read post]
21 Oct 2014, 5:03 am
In May 1998 Stokke applied to register as a Benelux trade mark a three-dimensional trade mark resembling the ‘Tripp Trapp’ children’s chair. [read post]
1 Sep 2010, 1:25 pm
Granting BIC’s motion to dismiss, Judge Robinson noted that “[t]he burden ultimately lies with the party who asserts false marking to show, by a preponderance of the evidence, that the accused party did not have a reasonable belief that the articles were properly marked. [read post]
12 Feb 2012, 4:47 am
MARK STEYN: Obama goes Henry VIII on the church. [read post]
6 Jul 2016, 3:58 am
It pointed out that the analysis for a motion mark “is the same as it would be for any other product configuration mark, product design trade dress or other non-traditional mark such as color or sound. [read post]
8 May 2021, 5:08 am
A Brussels first instance court ruled that Amazon was directly liable for the infringement of the trade mark rights in Louboutin’s red sole mark (also at the centre of the CJEU referral in C-163/16; [Katposts here]). [read post]
