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15 Jan 2021, 7:13 am by Andrew Lavoott Bluestone
Inc. v Bedford Clothiers, Inc., 143 AD3d 491, 493 [1st Dept 2016] [internal quotation marks omitted]). [read post]
21 Sep 2021, 4:00 am by Michael Woods and Gordon LaFortune
The U.S. appointed Julie Bédard and Canada named Mark C. [read post]
But the court, in adopting an expansive reading of a recent Supreme Court precedent, cautioned that the news publication might have a strong defense on the likelihood of confusion analysis (Punchbowl, Inc. v. [read post]
11 Oct 2017, 8:00 am by MBettman
On October 17, 2017, the Supreme Court of Ohio will hear oral argument in the case Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. [read post]
29 May 2007, 3:36 am
Here is an Emporia Gazette article reporting that Tom Lemon won an acquittal in State v. [read post]
10 Jul 2019, 4:38 pm by INFORRM
On 2 July 2019, Advocate General (AG) Bobek delivered his opinion in Case C-240/18 P Constantin Film Produktion GmbH v European Union Intellectual Property Office (EUIPO), advising that the EUIPO’s decision to reject the registration of the trade mark ‘Fack Ju Göhte’ because it was too offensive should be annulled. [read post]
11 Dec 2017, 10:04 pm by Afro-Buff
  First, with regard to acquiescence, section 48 of the Trade Marks Act of 1994 states the following: “(1) Where the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of five years in the use of a registered trade mark in the United Kingdom, being aware of that use, there shall cease to be any entitlement on the basis of that earlier trade mark or other right— to apply for a… [read post]
15 Jan 2021, 10:23 am by Rebecca Tushnet
As a threshold matter under the Rogers test, a plaintiff cannot state a viable trademark claim in the context of an artistic work (1) unless the defendant’s use of the mark ‘‘has no artistic relevance to the underlying work whatsoever,’’ or (2) ‘‘if it has some artistic relevance, unless the [use of the mark] explicitly misleads as to the source or the content of the work. [read post]