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6 Jun 2018, 6:30 am
The essays examine a variety of subjects, some well known, others much less so, but always with fresh approaches and interesting insights. [read post]
24 Jan 2023, 4:24 am
" On the one hand, if the district court action "involves only the issue of whether a mark is entitled to registration," the doctrine of primary jurisdiction “might well be applicable” because the benefits of awaiting the TTAB's decision would rarely be outweighed by the need for a prompt adjudication. [read post]
27 Sep 2019, 4:49 pm
Well, the simple truth is that Mark Zuckerberg can’t set foot there without giving evidence to the House of Commons Select Committee on Digital, Culture, Media and Sport. [read post]
15 Aug 2019, 1:01 am
The author contends that Napoleon, who was very well-educated and widely-read, erred in claiming that no contemporaries wrote about Jesus, writing, “He was clearly unfamiliar with Josephus’ Antiquities of the Jews which does indeed mention Jesus. [read post]
10 Dec 2006, 7:49 am
Significant is the low level of reputation required - it doesn't require the mark to be "well-known" under the Paris Convention. [read post]
17 Jul 2020, 10:44 am
To address these points, the judge considered the TRIPS Agreement, the EUTMR and Directive, the IP Enforcement Directive, the Charter of Fundamental Rights, and the usual English law principles on injunctive relief [and the analysis is well worth a read in full if you have time]. [read post]
19 Sep 2021, 1:41 pm
VINCENT HSU: There is still a lot of issues with-- with taking care of these patients, supplies, space, as well as staffing. [read post]
5 Dec 2023, 4:13 am
" Applicant focused mainly on former President Trump ’s use of, and attempts to protect, the proposed mark, as well as the related Trump campaign slogan MAKE AMERICA GREAT AGAIN. [read post]
1 Apr 2013, 12:44 pm
Yet, according to online registers, there is neither an international registered Mario Balotelli's signature pose, a well-known mark since EURO 2012 nor a Chinese trade mark “Joach(im) Löw”, although there is a German word mark “Joachim Löw” registered - among other things - for products in Nice Class 25 - clothing and footwear. [read post]
7 Nov 2022, 3:40 am
Non-ownership: Section 7(b) provides Respondent with a presumption that it owns the registered mark. [read post]
4 Feb 2020, 2:35 am
Smithfield is a generally known geographic location where well known, if not famous, Smithfield hams are processed. [read post]
23 Dec 2014, 4:15 am
" In addition, the Board found that the applied-for mark fails to function as a trademark because it is merely informational. [read post]
16 Oct 2013, 3:46 am
The Board reversed a refusal to register on the Supplemental Register, the mark PRÊT À BOIRE for wine, finding that the PTO did not prove by clear evidence that it the mark is generic for the goods. [read post]
20 Feb 2014, 6:53 am
Essentially, the regulation requires representations of marks to be clear and distinct. [read post]
26 Jan 2017, 2:25 am
This interpretation was later incorporated into the Trade Marks Act, 1999, which expanded the definition of “permitted use” to include use by both a “registered user” as well as a “permitted user” i.e. any person, other than a registered user, who is using the mark under a written consent from the registered proprietor (e.g., a common-law licensee). [read post]
29 Sep 2016, 9:17 am
”A reasonable trier of fact could find likely confusion and dilution of a famous mark. [read post]
25 Jun 2019, 6:08 am
Justice Kagan notes that the brand name is “the equivalent of [the] past participle form of a well-known word of profanity. [read post]
13 Mar 2017, 3:10 am
Its two primary functions were to conduct internet searches as well as conduct file searches within the Mac. [read post]
20 Aug 2018, 4:54 am
E.g., an employee stating that he “found the 24 bottle table top wine rack fit neatly in that space, arrived quickly, and was very sturdy” could well have concluded these things. [read post]
27 Dec 2018, 9:55 am
” test to determine that the marks were suggestive. [read post]
