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15 Jun 2011, 3:19 am
Because of the extreme interest in false marking cases over the last eighteen months, I am posting about the settlement. [read post]
7 Oct 2013, 9:31 pm
The statement on the billboard reminds me of the Laugh it Off case. [read post]
13 Jul 2017, 10:00 pm
With the continual growth of online commerce, geographical borders between companies are reduced—making it more likely for consumers to confuse competitors using similar (or in this case, identical) marks. [read post]
3 Apr 2020, 3:18 am
"Finding this to be a close case, the Board sided with applicant. [read post]
21 Jun 2016, 3:39 am
In a case that "illustrates the efficiency of the Board's Accelerated Case Resolution procedure ('ACR')," the Board sustained a Section 2(d) opposition to the mark BLACK MEN ROCK & Design for "caps, hats, jackets, t-shirts" and for "education services, namely, providing live and on-line classes, seminars, workshops in the field of personal development. [read post]
23 Nov 2015, 3:25 pm
No new point of law arises from the case. [read post]
28 Sep 2022, 1:50 am
In cases I ZB 29/01 and I ZB 27/01, the DPMA drew an analogy with the legislation on trade marks, which prohibits the use of state emblems and other state symbols, and which also contains a reference to Art. 6ter of the Paris Convention. [read post]
17 Aug 2010, 11:31 am
NH Judge Rejects Deal in Machete Murder Case: The Nashua (NH) Telegraph reports that a New Hampshire judge yesterday rejected a plea deal reached between prosecutors and William Marks. [read post]
17 Dec 2008, 11:00 am
" [It suggested in footnote 9 that this case "would have been a good candidate for Board's accelerated case resolution procedure ("ACR")"] Summarizing the facts at length in its 38-page decision, the Board found that:the course of conduct between the parties created an implied license. [read post]
5 Jul 2008, 10:20 pm
He found that the claimants had established their case in relation to passing off and section 10(3) infringement, but thought that the case under section 10(2) was not made out on a summary judgment basis because all the trade marks were limited by the term "all in relation to insurance" or the like (e.g. [read post]
1 Nov 2006, 4:54 am
What about the value added to the sales of the infringing mattresses by using a confusingly similar mark? [read post]
4 Jan 2023, 4:27 am
This case marks the first time the Pan American Convention has been applied in the service of a well-known mark. [read post]
9 Jan 2015, 5:32 am
Additional commentary on each case may be found at the linked TTABlog posting]. [read post]
11 Nov 2015, 1:30 am
What the question therefore requires is that the proprietor of the mark has to prove that the relevant class of people perceive their mark, in this case "Kit Kat", to only originate from them and not other proprietors selling similar goods, even if the goods contain other registered trademarks (or a design, in this case). [read post]
15 Apr 2019, 9:01 pm
” As an example, this case focuses on FUCT, but FCUK and FVCK are already registered marks. [read post]
22 Oct 2015, 4:38 am
In the Interflora case, part of the allegation of trade mark infringement was that Marks & Spencer did not employ negative matching when using, among other words and generic terms, the keyword which also constituted its trade mark Interflora. [read post]
30 Mar 2012, 1:24 am
According to the abstract:"The most frequent issue which arises in any case of trade mark infringement is whether a commercial use of a particular trade mark is likely to confuse consumers. [read post]
1 Oct 2020, 1:41 am
First are cases based on a wrongful claim of proprietorship: these cases commonly involve ex-employees, ex-suppliers, or ex-licensees who may have registered the trade mark of an employer or principal. [read post]
28 Feb 2023, 12:00 am
The case goes to trial. [read post]
10 Apr 2023, 6:30 am
” And, in case that warning didn’t take, Mark provides another, a description of his method that is somehow both wholly accurate and deceptively understated: “I discuss a rather large number of relatively small cases in some detail. [read post]
