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7 Sep 2017, 3:10 pm
By Mark S. [read post]
9 Oct 2021, 1:23 pm
Once one recognizes that the large camel at the Camel Site marks the Celestial Equator, the Celestial Meridian and the Celestial North Pole by its features...and if we also have a good idea of the date of the human stone carving work...then the general positions of the stars at the Camel Site are inevitable...because their position is thereby determined by the major astronomical parameters.The stars can not be elsewhere, and we can thus not place them subjectively, although it is also true,… [read post]
19 Feb 2024, 9:12 am
The court held that geographical indications must be free to be used by all, not least because they may be an indication of the quality and other characteristics of the goods concerned, and may also, in various ways, influence consumer tastes by, for instance, associating the goods with a place that may give rise to a favourable response. [read post]
18 Nov 2010, 1:59 am
On 16 November 2010 the Court of Appeal handed down judgment on an appeal and cross-appeal concerning an interim privacy injunction granted at first instance by Mr Justice Eady in March 2010 and continued until trial or further order on 26 April 2010, when his judgment was handed down. [read post]
15 Apr 2010, 2:14 am
Line One Laboratories, Inc. petitioned to cancel a registration for the mark IMPULSE for "adult novelty items, namely, vibrators," alleging Section 2(d) likelihood of confusion with its identical mark for "condoms. [read post]
2 Dec 2013, 5:05 am
The Trademark Protection Act, SB 236, establishes a new type of mark called an Electronic Registration Mark. [read post]
2 Apr 2014, 2:36 am
However, this presumption may be overcome if a senior user "remains static" and the junior user is the first to file for registration. [read post]
10 Apr 2019, 9:00 am
Long may they continue.Missed opportunity of the year – McDonald’s v Supermac – This was a case deemed so unfortunate that it deserved a category of its own. [read post]
20 Apr 2020, 1:46 am
Whilst this conclusion may appear surprising in the lay world, it is a useful reminder of the importance of the quality of the evidence filed before the Office (see here for an example of evidence fail not too long ago). [read post]
5 Jan 2024, 3:33 am
“A plaintiff may oppose registration of a mark when doing so is within the zone of interests protected by the statute and she has a reasonable belief in damage that would be proximately caused by registration of the mark. [read post]
16 Jun 2024, 10:59 pm
Therefore, the term ‘QUEEN’ may enjoy an independent distinctive position in the later mark. [read post]
29 Jan 2014, 1:58 am
Fürstlich then appealed to the Second Board of Appeal which in turn, in May 2010, dismissed its appeal. [read post]
1 Jun 2011, 11:15 am
Justia Legal Answers’ Top 10 Legal Answerers for May 2011 Mark A. [read post]
27 May 2011, 2:05 am
Hot Springs Advertising & Promotion Commission, Cancellation No. 92049191 (May 25, 2011) [not precedential].The issue, said the Board, was "whether the primary significance of the mark, as a whole, is a generally known geographic location. [read post]
11 Nov 2009, 7:16 am
The characterization of trade mark law as a field of common law may, however, now seem an essentially historical statement. [read post]
23 Aug 2010, 5:43 am
First, ownership of the mark is not a premise for cancelling an incontestable mark. [read post]
18 Feb 2009, 8:51 am
Think of sibling rivals Jacob and Esau; Romulus and Remus; Brutus and Mark Anthony in Shakespeare's Julius Caesar. [read post]
31 Jul 2019, 8:25 am
[Case T‑28/18] Background On 29 May 2013, the intervener, AC Milan, obtained an international trade mark, registration (No 1182615) extending to the European Union for, amongst other things, Class 43 services ('providing food and drink; temporary accommodation; cafés; cafeterias; tourist homes; restaurants; self-service restaurants; hotels; bar services; food and drink catering; motels; snack-bars.')On 21 August 2014, the applicant, Marriott… [read post]
8 Oct 2018, 6:22 am
The court concluded that:A reasonable factfinder may determine that, given the similarity between the two marks, Defendants' use of FEYONCÉ impairs the distinctiveness and selling power of the BEYONCÉ mark. [read post]
15 Nov 2018, 1:20 pm
While it may create some new substantive rights in trademarks, unless the trademarks pre-exist there is nothing to be registered. [read post]
