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8 Feb 2021, 4:23 am by Verena von Bomhard (BomhardIP)
The appeal by OHIM failed (C‑64/02 P, 2004) and the mark remains registered to this day. [read post]
5 Feb 2021, 8:20 am by Laura Daniels
Here, too, white supremacists hit the mark. [read post]
4 Feb 2021, 9:18 am by Luis Franco
Now, we have to mark an event type as a conversion. [read post]
3 Feb 2021, 8:29 am
  But it is likely that decades from now people in the business of developing consensus views about the "realities" of the past may come to see  better appreciate the way that the years 2016-2020 marked both the end of the old American political order and the beginning of a new era in the development of the United States--both with respect to its internal self conception, and the way it viewed its place in the world. [read post]
2 Feb 2021, 7:00 am by Nedim Malovic
In March 2017, the Board considered that there was no likelihood of confusion between the Applicant’s mark and the Intervener’s mark, in light of the weak distinctive character of the earlier mark, the low degree of visual similarity between the signs, the lack of phonetic and conceptual similarity, and the varying degrees of similarity for some of the goods covered by the marks. [read post]
19 Jan 2021, 10:43 am by Daniel J. Hemel
As Gerard Magliocca nicely puts it in an impressive and timely new history of Section 3, “Congress did not intend (nor would the public have understood) that Jefferson Davis could not be a Representative or a Senator but could be President. [read post]
16 Jan 2021, 4:56 am by Nedim Malovic
In addition, it is also settled case law that, when it comes to marks with both a figurative and a word component, the latter would dominate the mark, unless the former has some striking stylization. [read post]
12 Jan 2021, 7:20 am by Jacob Schulz
Mahathir posted his polemic on both Twitter and Facebook on the same day that a terrorist hacked three people to death in a Nice church. [read post]
6 Jan 2021, 2:52 pm by Rizio Lipinsky
#8 – Dark Waters: The #8 film on our list is the 2019 legal thriller Dark Waters starring Mark Ruffalo. [read post]
31 Dec 2020, 10:20 am by Nedim Malovic
The decision is interesting since it exposes the significance of surveys relating to acquired distinctiveness and the difficulties for trade mark holders to protect three-dimensional marks.BackgroundIn 2008, Crocs Inc applied for a three-dimensional trade mark registration for its ‘Crocs Classic’ footwear in Class 25 of the Nice Classification. [read post]
30 Dec 2020, 7:55 am by Bob Ambrogi
And many law firms and legal departments realized they could carry on quite nicely, thank you, even with their workers dispersed and remote. [read post]
25 Dec 2020, 4:02 am by SHG
Prawf Mark Osler has given this a lot of serious thought and has some sound ideas of how to make the process work. [read post]
20 Dec 2020, 9:56 am by Eleonora Rosati
Nice try, but no banana (AMS Neve v Heritage Audio [2020] EWHC 1876 (June 2020))The only non pay-walled coverage I can find is via Lexology, I cannot find this case on Bailii! [read post]
15 Dec 2020, 8:30 am by Eugene Volokh
A nice mix, if I do say so myself, especially given the argument we are making; thanks to all of them for joining, to UCLA law student Madison Way for her help with the brief, and, as always, to Scott & Cyan Banister, whose support makes our UCLA Amicus Brief Clinic possible. [read post]
9 Dec 2020, 7:15 am by Adam Levitin
I put "pick" in quotation marks because there often isn't a meaningful choice. [read post]
8 Dec 2020, 6:02 am by Nedim Malovic
These, in a nutshell, were some of the questions referred to the Court of Justice of the European Union (CJEU) in a recent referral for a preliminary ruling from Germany.The Court answered them in the affirmative in Ferrari SpA v DU, C–720/18 and C–721/18.The judgment is relevant in that it further clarifies the concept of ‘genuine use’.BackgroundIn 1987, Ferrari obtained an international trade mark registration designating the EU for the following mark:Registration… [read post]
3 Dec 2020, 5:43 pm by Elizabeth A. Patton
It would be nice if the USPTO did them more often, whether in tandem with other countries or individually. [read post]