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13 Sep 2015, 11:32 pm by Afro Leo
Afro-IP's coverage of the #SandtonDiscussion continues today when the group considers the case of Global Vitality Inc v Enzyme Process Africa (Pty) Ltd. [read post]
24 Dec 2015, 4:15 am
Last month we had a federal district court apply issue preclusion to a TTAB finding on priority in the SPENDOLOGY case (here). [read post]
14 Apr 2010, 1:16 am by John L. Welch
Cir. 2010) [precedential].Appellant argued before the TTAB that "the existence of many similar marks showed the weakness of the registered mark, such that consumers would look to fine distinctions to distinguish the sources of goods. [read post]
The earliest memory Brandy Harbin has of her uncle is going to visit him on death row at Holman State Prison in Atmore, Ala., when she was 4 years old. [read post]
11 Jun 2013, 10:39 pm by John L. Welch
It submitted 30 third-party registrations for marks that include the term TROPICAL or ESCAPE, which marks are used on personal care products, fragrances, scented sprays, and the like. [read post]
28 Oct 2015, 3:50 am
In contrast, this case concerns a registration for a descriptive term on the Supplemental Register. [read post]
16 Sep 2013, 3:08 am
The Board found helpful guidance in In re Phillips-Van Heusen Corp., 63 USPQ2d 1047, 1052 (TTAB 2002), where the Board affirmed a Section 2(e)(1) deceptive misdescriptiveness refusal of SUPER SILK for "shirts made of silk-like fabric:"A general proposition which may be distilled from the foregoing cases is that if the word “super” is combined with a word which names the goods or services, or a principal component, grade or size thereof, then the composite term is considered… [read post]
3 Nov 2017, 3:47 am
In any case, the identifications of goods in the application and the cited registration contain no limitations as to types of wine. [read post]
9 Jul 2019, 2:59 am
" Here, however, the evidence did not show that applicant became the owner of the mark in any of the was discussed in the case law.The Board found that the facts here "closely resemble" those in Great Seats Ltd v. [read post]
12 Mar 2013, 3:15 am by John L. Welch
In fact it was less that the unsuccessful evidence in the Miller case. [read post]
5 Aug 2013, 9:52 pm by Afro Leo
Similarly, if the mark DOVE was bid on as a keyword for a breast cancer product, then potentially such use could affect the economic value of the brand, DOVE.In some instances it is necessary to show some form of economic loss (interpreted by many to be lost sales) to prevail in a case using the dilution provisions or under unlawful competition. [read post]
4 Jan 2013, 4:40 am by John L. Welch
In this Section 2(d) opposition, Otter Products relied solely on its Supplemental Registration for the mark IMPACT SERIES for cellphone protective cases, claiming likelihood of confusion with the applied-for mark IMPACTBAND for similar goods. [read post]
18 Jun 2019, 3:05 am
" He offered no evidence in support of that assertion, and in any case his argument that KOPAN is "fanciful" was of no help to his cause. [read post]
5 Feb 2020, 1:49 pm by Mark Movsesian
For those who are interested, my colleague Marc DeGirolami and I have recorded a new episode for our Legal Spirits podcast series on last month's oral argument in the Blaine Amendments case, Espinoza v. [read post]
22 Sep 2021, 6:37 am by Eleonora Rosati
The aim of this online conference is to meet the requirements of trade mark and design law practitioners to keep abreast of recent case law and latest EU legislative developments.Key topics include:Design law and new technologiesOngoing initiatives to reform the EU design systemTopical recent issues of trade mark law: slogans, trade mark use by influencers, famous names as trade marksRecent judgments on trade marks and designs from the EU CourtsLatest… [read post]