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31 Mar 2021, 4:17 am
ZT's third-party registration evidence, purportedly showing the weakness of the word "zoom," was ineffective since there was no evidence regarding extent of use of those marks and since most of the registrations covered unrelated goods and services.As to the marks, ZT pointed to the testimony that many of PayPal's customers do not speak English and may not pronounce "xoom" as "zoom. [read post]
24 Apr 2019, 1:30 am
As such the AG saw that "…The fact that an application was originally filed for a trade mark for goods and services in respect of which the applicant knew or should have known that identical or similar trade marks existed may in any event be an important indication that the application to register that trade mark for other goods or services was also filed in bad faith".The General Court also failed to properly assess whether Mr Esteban's… [read post]
11 Feb 2021, 4:58 am
The Olympic Games feature a sportsmanship award given only occasionally, named the Pierre de Coubertin medal.Section 2(a), in pertinent part, bars registration of a mark that consists of or comprises matter that may falsely suggest a connection with a person or institution. 15 U.S.C. [read post]
13 May 2019, 2:28 am
Spa Monopole (the opponent) filed an opposition in May 2015 pursuant to Article 8(1)(b) and Article 8(5) of the EU Trade Mark Regulation (EUTMR), on the basis of its two earlier registered national trade marks:“SPA” for goods in Class 32 (Mineral and aerated waters and other non-alcoholic beverages, syrups and other preparations for making beverages), and“LES THERMES DE SPA” for services in Class 44 (Services rendered by a thermal… [read post]
30 Oct 2023, 3:52 am
Here, the Board "must may (sic!) [read post]
21 Mar 2017, 4:58 am
It also claimed that the mark is used only at a single location (Kauffman Stadium, home of the Kansas City Royals, and thus not in interstate commerce), that Respondent abandoned the mark through uncontrolled licensing, used the mark illegally, and committed fraud on the USPTO. [read post]
11 Apr 2014, 10:05 am
It makes no use of the mark for 12 years. [read post]
26 May 2016, 10:57 am
As such, they will likely seek an exclusive license for use of Mourinho’s attributes in the watch, car and casino industries.It is unlikely that Mourinho will assign his rights altogether, as he may want to continue pursuing valuable personal endorsement deals. [read post]
26 Oct 2019, 5:18 am
After this, one can only keenly await for the IP case law conference in Alicante on the 21-22 May 2020. [read post]
8 Feb 2019, 4:06 am
”Finally, the Board noted that the alliterative use of the letter “C” as the first consonant in both terms of the CANNABIS CANNIBALS mark, “while not dispositive in and of itself, adds to the character of the mark. [read post]
27 Oct 2023, 4:01 am
Monster claimed likelihood of confusion with its Claw Icon mark for clothing. [read post]
21 Feb 2024, 11:04 pm
The concept of 'due cause' should not be used as a back door and be interpreted as something that the legislator deliberately omitted to regulate.CommentINTA's amicus brief makes it clear once again that the IKEA referral is one to watch closely.It is no longer "just" about the fundamental balancing act between freedom of expression on the one hand and trade mark rights on the other, but also about a fundamental decision on what role 'due cause' can fulfil… [read post]
24 Apr 2019, 1:30 am
As such the AG saw that "…The fact that an application was originally filed for a trade mark for goods and services in respect of which the applicant knew or should have known that identical or similar trade marks existed may in any event be an important indication that the application to register that trade mark for other goods or services was also filed in bad faith".The General Court also failed to properly assess whether Mr Esteban's… [read post]
25 Jul 2016, 3:35 am
As usual, Mark Lemely reviewed the last year in patent law at the Federal Circuit. [read post]
26 Nov 2014, 4:55 am
All motorists must yield to a pedestrian crossing the street at a marked or unmarked crosswalk.An unmarked crosswalk may be an intersection between two streets. [read post]
14 May 2019, 10:00 pm
However, the examiners are instructed to advise applicants they may request to amend filing dates to December 20, 2018 (and thereafter a new search will be conducted for conflicting marks). 3. [read post]
24 Jun 2015, 6:00 am
Although the examiner has approved the mark, there seem to be two steps remaining in the registration process: (1) publication of the mark on the Principal Register (which is supposed to occur on July 7, 2015); and (2) the app developer must submit evidence that the mark is being used in commerce (the developer filed an intent to use or "1B" application). [read post]
13 May 2014, 2:04 pm
The House Financial Services has marked up and approved a number of pieces of securities legislation most of which are designed to enhance capital formation and some of which appear to have strong bi-partisan support. [read post]
22 Mar 2012, 6:09 pm
"I realize I may be a little late into this race. [read post]
28 Jan 2015, 12:07 pm
The numbers thus suggest that whites have very positive attitudes toward the police in the abstract, while blacks have somewhat less positive attitudes, but also that these stereotypes are not necessarily strongly held–attitudes, positive or negative, may be revised based on actual experiences with flesh-and-blood cops. [read post]
