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6 May 2010, 2:12 am by gmlevine
” A similar conclusion was reached in Ken’s Foods Inc. v. kens.com, D2005-0721 (WIPO September 11, 2005) (): Notwithstanding the Complainant’s contention that the KEN’S mark is distinctive in relation to the particular category of goods and services for which the mark is used, it is nonetheless a personal name – “Ken” – which is also the Respondent’s given name. [read post]
5 May 2010, 2:33 am by John L. Welch
Despite the sophistication of the purchasers, the Board concluded that, given the identical goods, services and trade channels, the similarity of the marks, and the renown of opposer’s marks, confusion as to source is likely. [read post]
4 May 2010, 1:03 pm
Does it make any difference to the answer to question 1a if there is an infringement for the purposes of Article 5(1)(a) [same mark, same goods/services] or (b) [similarity + likelihood of confusion]? [read post]
4 May 2010, 8:38 am by Dan
The Opinion marks a turn away from that trend, by allowing much greater scope for local approval of foreign invested projects. [read post]
3 May 2010, 9:30 pm by admin
The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]
3 May 2010, 2:16 am by gmlevine
However, it is not being first that secures the right, but being first to register the domain name in good faith. [read post]
30 Apr 2010, 5:00 am by Bexis
  Third, since some parts of expert notes might be discoverable under the exceptions in new Rule 26(b)(4)(C), it's probably a good idea to have the expert designate specifically when any notes are of conversations with retaining counsel. [read post]
29 Apr 2010, 7:24 am
(2) Is any such use 'in relation to' goods and services identical to those for which the trade mark is registered within the meaning of Article 5(1)(a) of the Trade Marks Directive and Article 9(1)(a) of the CTM Regulation? [read post]
25 Apr 2010, 5:09 am by Rebecca Tushnet
Su, Howrey LLP, East Palo Alto, CA When a person or firm falsely claims, marks, or otherwise misrepresents its goods or services as covered by patent or copyright, what are the ramifications for competition and consumer protection? [read post]
23 Apr 2010, 9:20 am by Bexis
  Dave Alden, Mark's former colleague at Jones Day, just sent us a copy of an article the he, Herrmann, and Brad Harrison wrote entitled "The Meaning Of The Parallel Requirements Exception Under Lohr And Riegel," 65 N.Y.U. [read post]
23 Apr 2010, 5:09 am
This is for instance the case in a franchise agreement where the franchisor sells to the franchisee goods for resale and in addition licenses the franchisee to use his trade mark and know-how to market the goods. [read post]
21 Apr 2010, 7:59 am
”[From William Shakespeare's The Life and Death of King John, Act III, Scene 1 (c. 1594)].He adds, "No copyright or other IP problem – I am its composer… and Bill Shakespeare is, well, decomposing, these long centuries". [read post]