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18 Feb 2019, 3:00 am
The Court nevertheless suggests (by way of obiter dictum) that once registered, the trade mark “BOOKING.COM” may well have a limited scope of protection, stating that it would not necessarily preclude another company from using, for example, carbooking.com or flightbooking.com. [read post]
20 Jan 2015, 2:30 am
Value does not, by itself, only mean aesthetic qualities, and the distinction between aesthetic and functional can often be blurry as well. [read post]
30 May 2016, 2:55 am
Chief Judge Kozinski, the well-known libertarian, is the author of the excellent "Trademarks Unplugged" article. [read post]
26 Feb 2021, 3:42 am
Trademark assignments and the transfer of the goodwill seem, well, oh-so dull, until they are not. [read post]
2 Sep 2021, 10:15 am
” Use of a mark, even a well-known mark, isn’t explicitly misleading if it only implicitly suggests endorsement or sponsorship. [read post]
26 Feb 2019, 3:18 am
As the Goodyear decision came down well before the Lanham Act, and other circuits have refused to adopt such a black-and-white rule, the Fourth Circuit likewise refused to adopt the rule. [read post]
3 Dec 2019, 12:25 am
Last week, the IPKat certainly supplied us all with an abundance of trade mark law updates! [read post]
18 Nov 2019, 3:40 am
Dina Galperti, who signed the Section 2(f) declaration, was aware of appellant and its use of the GALPERTI mark at that time.The Board correctly concluded that she and appellant were "well aware of" Appellant, its use of the GALPERTI mark, and its "presence in the U.S. marketplace. [read post]
2 Oct 2013, 12:49 pm
Originals were stored in Mark, with copies to the customer as well as the plaintiff's accounting department in Forest View. [read post]
11 Feb 2019, 2:03 pm
The mark owner is privileged in the public discourse but does not have a monopoly on meaning-making.RT: Carol Rose: real property communicates too: keep off—so the response from TM owners at a theoretical level may well be that dialogue = invitation to bargain/create one’s own mark to intervene in the flow of meaning, not invitation to act w/o consent.A: Property based methodology can still be used to disrupt the notion of control over the property. [read post]
23 Dec 2022, 7:08 am
Comments Proving a trade mark’s genuine use possibly involves hard labour and strategic tasks, which might need to be further tailed per specific industries, markets, goods and trade mark proprietors’ circumstances. [read post]
17 Dec 2020, 6:45 am
*Reminder: Postprints of articles published in the journals marked with an asterisk can be archived/deposited immediately after publication! [read post]
4 Aug 2010, 6:13 am
I come from a family in which knowledge of details, minutiae, trivia and other such trifles are well-prized. [read post]
18 Aug 2012, 2:54 am
If I could write as well as Ron Coleman writes, I'd quit my day job. [read post]
11 Dec 2023, 10:34 pm
After that date, UK trade mark rights could not be invoked against EU trade marks and vice versa. [read post]
9 Mar 2015, 12:23 pm
That Order is the logical consequence of a remark made in the first judgment, Pfizer’s application for an interim injunction, observes Darren.* Seiko and Seiki in Singapore: "too well known to be confused"Sometimes a trade mark is so sufficiently well known that consumers are not considered likely to be confused between it and an uncomfortably similar mark. [read post]
22 Jan 2013, 4:10 am
” As to the claim that applicant lacked a bona fide intent to use the mark, applicant’s pattern of filing ITU applications for disparate goods under the well-known or famous marks of others was a basis for sustaining that claim. [read post]
24 Mar 2018, 10:36 am
Other centers are accused of sending patients home before they were well enough to leave. [read post]
11 Jan 2011, 10:54 am
Well, that was quick. [read post]
25 Apr 2024, 7:39 pm
In some cases, these images are performing very well, as is the case on Facebook. [read post]
