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26 Mar 2021, 7:41 am
" "And they would flow to some of the same classes of consumers—in this case, ordinary adult consumers of alcoholic beverages. [read post]
15 May 2024, 2:15 am by Anna Maria Stein
Nevertheless, the matter still seems to be evaluated on a case-by-case approach. [read post]
8 Feb 2019, 4:06 am
” The Board reasoned that, in this case, the mark CANNABIS CANNIBALS connotes “the fanciful animated, fictional subjects of Applicant’s entertainment services created by Applicant rather than a factual subject matter. [read post]
11 Sep 2011, 4:18 pm
The court nonetheless stressed that use of a mark in a domain name as such may be sufficient for constituting genuine use - just not in this case because the public would consider the use of the word Zappa as a general descriptive reference and would not understand it as a reference to the trade mark owner.For an in-depth analysis of this case, this Kat recommends Guido Westkamp’s current intelligence note published in JIPLP: “Personality trade… [read post]
22 May 2009, 5:00 am
"This is another case about Google AdWords and registered trade marks". [read post]
9 Jul 2008, 11:00 am
" In re Yale Sportswear Corp., Application Serial No. 78653373 (July 3, 2008) [precedential].Yale provided two declarations, one from its marketing director and the other from a soccer coach and player, asserting that "in the soccer world, the ordinary consumer of the goods in this case, the addition of [the degree symbol] to UPPER 90 would not constitute a material alteration of the mark. [read post]
2 Mar 2009, 11:15 pm
In a case of first impression, the TTAB held that a sound mark for goods that make the sound in their normal course of operation, cannot be inherently distinctive and may be registered only upon proof of acquired distinctiveness. [read post]
26 Oct 2009, 8:50 am
  In those cases, you may need to get your own expert. [read post]
10 Sep 2009, 10:00 pm
Moreover, the evidence revealed that "other brewers use their house mark or tradename at the top of a label or mark, followed by an additional product mark below, as is the case with registrant's mark. [read post]
6 Dec 2016, 1:32 am by Jani Ihalainen
AS established by previous cases, there is clear overlap, and a criminal offense under section 92 cannot happen without civil infringement as well.The defense tried to separate the application of the mark by an authorized licensee on the goods from ones where it was done by an unauthorized entity. [read post]
14 Jul 2014, 3:48 am
The Board, however, observed once again that it is not bound by by decisions of Examining Attorneys in other cases, nor is it privy to the evidence and arguments made in those cases. [read post]
16 Apr 2011, 6:05 am by Mark J. Astarita, Esq.
There was big news last week in the Facebook world - the 9th Circuit affirmed the dismissal of the suit by the Winklevoss twins against Mark Zuckerberg in the case of Facebook, Inc. vs. [read post]
25 Nov 2019, 11:30 pm
If that were the case, it would be virtually impossible to imagine any trade mark of a shape, or another characteristic, given that in modern business there is no product of industrial utility that has not been the subject of study, research and industrial design before its eventual launch on the market. [read post]