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27 Oct 2021, 5:04 am
Hence, they are certainly well aware of the so-called “enhanced protection” enjoyed by well-known trade marks against junior signs.As we know, in fact, in Europe when assessing both (i) the distinctiveness requirement of a trade mark in the face of an earlier registered well-known trade mark and (ii) the possible infringement of a well-known trade mark by a junior sign, the evaluation should not necessarily be limited to an assessment of likelihood of… [read post]
25 Mar 2011, 7:52 am
The court granted in part defendant's motion to dismiss plaintiff's qui tam false marking action for failure to state a claim, but rejected defendant's constitutional challenge to 35 U.S.C. [read post]
27 Dec 2017, 9:12 am
"That perception turns on the proposed mark's wording and the nature and context of its use in the marketplace. [read post]
7 May 2013, 8:04 pm
Now, he's claiming that the design infringes his trade mark rights. [read post]
26 Feb 2019, 8:06 am
As a result of this process, the pass mark was judged to be 47 by contrast to the normal pass mark of 50.PEB applies thorough and detailed quality assurance processes when question papers are produced, including review by experienced patent attorneys and pre-testing. [read post]
25 Oct 2010, 12:32 pm
I’d love for Mark Cuban to own my basketball team. [read post]
1 Sep 2016, 2:31 pm
That seems to be the principal takeaway from Mark Rose’s illuminating new book Authors in Court: Scenes from the Theater of Copyright.A literary historian of copyright whose prior book is considered a seminal contribution to the field, Rose sets out in Authors in Court to tell the story behind several of copyright’s leading cases through an investigation of the personalities that prompted the dispute and its eventual resolution. [read post]
5 Apr 2018, 11:24 am
In light of the Cambridge Analytica revelations, Facebook CEO Mark Zuckerberg agreed to testify before Congress. [read post]
10 Nov 2008, 3:51 am
The petitioner was an aggrieved student who failed to meet the cut-off marks for admission to the science stream, the only one taught at the school in question at Tambaram, TN. [read post]
20 Aug 2010, 12:20 pm
The blog is called Sustainable Marks and is dedicated to green (environmental) related intellectual property. [read post]
20 Jul 2007, 5:57 am
Does your organisation have lots of trade marks in different styles sending different messages to customers? [read post]
19 Oct 2007, 12:52 pm
A lawyer reader at TPM writes in to criticize Mark Geragos as counsel for Brent Wilkes. [read post]
22 Jan 2011, 3:36 pm
Today marks the 38th anniversary of the Supreme Court's controversial Roe v. [read post]
2 Jun 2010, 11:26 am
The court sua sponte struck defendant's affirmative defense to plaintiff's false marking claim. [read post]
16 Jun 2014, 10:19 am
Keep movin'A (marking at the) Close CaseFor the purpose of proposing a settlement of rule violations alleged by the Financial Industry Regulatory Authority (“FINRA”), without admitting or denying the findings, prior to a regulatory hearing, and without an adjudication of any issue, Nicholas Harris Shermeta submitted a Letter of Acceptance, Waiver and Consent (“AWC”), which FINRA accepted. [read post]
4 Jun 2012, 11:48 am
SO YESTERDAY, I took exception to Mark Steyn’s gloom. [read post]
22 Dec 2015, 10:15 am
In other words, it would seem that the Court would have used the same logic to invalidate the ban on “immoral” or “scandalous” marks, or marks that would otherwise promote violations of federal law. [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 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]
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]
