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29 Jan 2010, 6:43 am
Genuine use in the EU has been interpreted as meaning that the mark is used in accordance with its functions, which are to guarantee the identity of the origin of the goods or services for which it is registered, to constitute a guarantee of the products/services in question, and those of communication, investment or advertising (Case C-487/07 L’Oreal SA and Bellure NV).When assessing that, regard must be had to all the facts and circumstances relevant to… [read post]
29 Jan 2010, 1:25 am
Cir. 2005)) (quotation marks omitted). [read post]
29 Jan 2010, 12:12 am
Decision of the BOIP The BOIP ruled that, based on ECJ case law, explanatory notes such as the Joint Statements are not legally binding (ECJ, Antonissen, C-292/89, 26 February 1991). [read post]
27 Jan 2010, 2:28 am
Forum July 29, 2005) (holding that the respondent’s use of disputed domain names to market competing limousine services was not a bona fide offering of goods or services under Policy ¶ 4(c)(i), as the respondent was appropriating the complainant’s CAREY mark in order to profit from the mark). [read post]
26 Jan 2010, 12:18 pm
Fortunately, the mass transit is very good. [read post]
26 Jan 2010, 6:40 am
Not good if Apple wants to maximize app sales.) [read post]
26 Jan 2010, 4:45 am
It is necessary in the present appeal to explain to economic operators the relevant criteria for registering as a trade mark the shapes of goods which are adapted to the technical functions which they must perform.50. [read post]
26 Jan 2010, 2:34 am
Smith, 279 F.3d 1135, 1147 (9th Cir. 2002) holds that “[s]imilarity of marks or lack thereof are context-specific concepts. [read post]
25 Jan 2010, 10:01 pm
So far this season, there are no super teams, but a bunch of really good ones. [read post]
25 Jan 2010, 8:20 am
” Thus, where an accused infringer presents evidence that it obtained and relied in good faith on a competent opinion of counsel that evidence can defeat a patentee’s efforts to prove willful infringement. [read post]
22 Jan 2010, 8:01 am
The proposal marked the return of Mr. [read post]
22 Jan 2010, 7:49 am
RJM Acquisitions LLC, 449 F.3d 926, 934 (9th Cir. 2007) (internal quotation marks omitted). [read post]
22 Jan 2010, 2:32 am
Nevertheless, the Respondent has been “sell[ing] worldwide, through its websites accessible through both of the disputed domain names, rock and roll T-shirts, hoodies, and bell-bottomed jeans which bears its UROK mark” since 2004 (a paragraph 4(c)(i) defense). [read post]
21 Jan 2010, 9:00 pm
C-05-02017-WHA (N.D. [read post]
21 Jan 2010, 2:48 pm
But that's exactly what happened in Case C-398/08 P Audi AG v Office for Harmonisation in the Internal Market, today's ruling of the Court of Justice of the European Union. [read post]
21 Jan 2010, 12:32 pm
The good law schools will pass muster, the poor ones won’t. [read post]
19 Jan 2010, 6:00 am
Myrick v. [read post]
17 Jan 2010, 9:55 am
The ECJ (C-48/05) ruled that "the affixing by a third party of a sign identical to a trade mark registered for toys to scale models of vehicles cannot be prohibited under Article 5(1)(a) of the directive unless it affects or is liable to affect the functions of that trade mark. [read post]
15 Jan 2010, 7:55 am
This marked a dramatic change from its previous stance that pathogens in raw meat were not adulterants. [read post]
