Search for: "Mark C. Good"
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25 Jul 2016, 2:53 am
Political speech is the most important and coveted form of speech protected by the First Amendment, yet each of the above politically-charged marks was refused registration under Section 2(c) of the Lanham Act. [read post]
4 Dec 2013, 12:32 pm
In January 2002 Martin Y Paz obtained registration of that sign as a Benelux trade mark for goods in Classes 18 and 25 (‘the mark Nathan Baume’). [read post]
Landmark Polish Supreme Court ruling on EU trade mark: acquiescence vs national rules of limitation?
1 Jul 2021, 8:44 am
Anheuser-Busch observed that the legislature opted in favour of limitation as a result of acquiescence and, no doubt intentionally, against prescription (see Case C-482/09, para. 76). [read post]
22 May 2015, 1:57 am
Yes, said the Court: the Board of Appeal was right to conclude that the marks at issue constituted the shape of goods produced and marketed by the trade mark proprietor. [read post]
24 Oct 2018, 9:45 pm
Until recently, s123 of the Trade Marks Act 1995 provided a defence to parties (including importers) using a trade mark to sell or import goods where the trade mark had been applied with the consent of the trade mark owner. [read post]
8 Apr 2017, 4:50 am
More specifically, the Board of Appeal was unsure whether trade mark registration of public domain works might, under certain circumstances [notably when the artwork in question is well-known and has significant cultural value], be against “public policy or accepted principles of morality” and thus fall within the absolute ground for refusal within Article 3(1)(f) of the Trade Mark Directive.The Board of Appeal decided to seek guidance on this point (as well as… [read post]
17 Feb 2023, 4:09 am
In re PT Medisafe Technologies, Serial No. 88083209 (February 15, 2023) [not precedential] (Opinion by Judge Cynthia C. [read post]
27 Jul 2020, 6:52 am
Accordingly, a lesser degree of similarity between the goods or services in question, may be offset by a greater degree of similarity between the marks, and vice versa (C-39/97, Canon). [read post]
17 Mar 2020, 11:29 am
On 4 March, it issued its decision in C-328/18 P Black Label by Equivalenza on the interesting subject of counteraction of phonetic and visual similarity by conceptual differences in trade mark law. [read post]
20 Feb 2008, 3:15 am
., No. 07 C 1668, Slip Op. [read post]
8 Sep 2012, 9:16 am
Mark Houldin has accepted a job with the National Legal Aid and Defender Association(NLADA). [read post]
22 Mar 2019, 7:39 am
The fact that Nike uses its mark on a variety of goods also weighed in its favor.Conclusion Regarding Section 2(d): The Board sustained the Section 2(d) claim.Dilution by Blurring: Applying the non exclusive factors of Section 1125(c)(2)(B)(i-vi), the Board wasted little time in finding the marks to be similar and Nike's mark to be inherently distinctive. [read post]
12 Apr 2016, 3:12 am
Cir. 2003).Turning to the merits of opposer's dilution claims, the Board focused on the first four factors of Section 43(c)(1) of the Lanham Act. [read post]
29 Apr 2014, 2:21 pm
Moreover, there is reason to believe that Bill C-8 could – whether inadvertently or otherwise – enable the use of copyright and even trade-mark law to block parallel imports, which are legitimate by definition and which have been legitimized by the Supreme Court of Canada.Here are some questions I would have liked to see discussed more but the Moderator had other ideas: How likely is it that ACTA will ever come into force? [read post]
17 Dec 2020, 3:38 am
For one thing, the list of registrations did not indicate the goods or services involved. [read post]
20 Oct 2010, 3:33 am
In a well-reasoned49-page decision, the Board sustained an opposition to registration of the shape of Carroll Shelby's Cobra 427 S/C (shown below) for "automobiles," on the ground that the mark lacks acquired distinctiveness. [read post]
19 Feb 2021, 2:30 pm
Marks are getting longer over time b/c more is taken. [read post]
17 Sep 2021, 4:02 am
" Applicant conceded that the mark "is immediately descriptive of goods or services that measure a bed," but it argued that the mark "does not tell the user the goods collect biometric data from a person, analyze it and provide health recommendations. [read post]
13 Feb 2019, 10:00 pm
Supermac’s hit back at McDonald’s by filing a request for revocation of McDonald’s BIG MAC mark in 2017 (Cancellation No 14 788 C). [read post]
28 Dec 2017, 3:23 am
In re Palermo Villa, Inc., Serial No. 86836045 (December 20, 2017) [not precedential] (Opinion by Judge Cynthia C. [read post]
