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29 Aug 2013, 3:14 am by John L. Welch
I once heard a TTAB judge tell an audience that the outcome of most Section 2(d) likelihood of confusion cases may be predicted just by looking at the marks and the identified goods/services, without more. [read post]
24 Apr 2018, 1:29 am by Jani Ihalainen
Nestle appealed the decision (which went against them), ending up heading to the CJEU via the Advocate General.The case on appeal hinges on the extent of the territory that you need to show distinctive character that is acquired through use of the trade mark under Article 7(3) of the CTM Regulations. [read post]
25 Mar 2015, 7:24 am
The Court found nothing in the Lanham Act that bars application of issue preclusion in this type of case. [read post]
24 Apr 2018, 1:29 am by Jani Ihalainen
Nestle appealed the decision (which went against them), ending up heading to the CJEU via the Advocate General.The case on appeal hinges on the extent of the territory that you need to show distinctive character that is acquired through use of the trade mark under Article 7(3) of the CTM Regulations. [read post]
29 Mar 2024, 2:30 am by Anna Maria Stein
The first case involved the claim by Marks and Spencer against Aldi for infringement of the “Colin the Caterpillar” trade mark. [read post]
24 Jul 2012, 2:39 am by John L. Welch
Nonetheless, the Board pointed out once again that "even sophisticated purchasers are not immune to source confusion, especially in cases such as the instant one involving similar marks and related goods. [read post]
Case date: 17 August 2021 Case number: No. 20-1988 Court: United States Court of Appeals, Second Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
30 Dec 2023, 2:13 am by Verena von Bomhard (BomhardIP)
We have identified 26 cases that turned on whether seemingly weak common elements led to a likelihood of confusion (LOC), with a 50:50 outcome: in 13 cases, LOC was denied, and in the other 13, the marks were considered confusingly similar. [read post]
5 May 2014, 1:14 pm by Francisco Macías
May 3 marked the 60th anniversary of a little known case of American civil rights:  Hernández v. [read post]
27 Nov 2009, 1:13 pm
In that case, the DA who would have handled former NC Gov. [read post]
3 Feb 2021, 8:28 am by ricelawmd_3p2zve
There are marked walkways for safety, but you aren’t looking and you trip on an unexpectedly jagged part of the sidewalk and injure yourself badly. [read post]
30 Oct 2006, 12:14 pm
MORE PROBLEMS FOR NIFONG in the Duke rape case: The second dancer in the Duke rape case has said for the first time that the accuser told her to "go ahead, put marks on me" after the alleged attack. [read post]
27 Dec 2010, 3:05 am
You can track the cases according to the judge assigned to them, or look at such issues as Claim Construction, Patent Marking, and Statutory Subject Matter. [read post]
10 Jul 2014, 4:49 am by Ben Vernia
District Judge Mark Hornak denied a landlord’s motion to dismiss its tenant’s False Claims Act case, which alleged fraud in connection with the tenant’s Section 8(a) subsidized rental of her home. [read post]