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8 Jul 2021, 3:50 am by Isabelle Kuschel (Hoffmann Eitle)
Regarding the background of the case, the German company Burlington Fashion GmbH, well-known for their argyle socks, filed International trademark applications with protection in the EU for the figurative marks “BURLINGTON” in classes 3, 14, 18 and 25 (including footwear, clothing, headgear and belts) as depicted in the following: These applications were opposed by the UK company Tulliallan Burlington Ltd, the owner of the luxury Burlington Arcade shopping arcade in… [read post]
6 Jul 2021, 3:43 am
  For a discussion of U.S. law vis-a-vis trademark protection based on reputation without use, see Martin B. [read post]
2 Jul 2021, 2:13 am by Tessa Shepperson
Skorochod, head of Martin & Co Bournemouth, told the BBC It’s very simple. [read post]
2 Jul 2021, 2:13 am by Tessa Shepperson
Skorochod, head of Martin & Co Bournemouth, told the BBC It’s very simple. [read post]
Since the EUTM must be given uniform protection in the entire EU, the application of national prescription statutes leads to diverging levels of EUTM protection in different EU territories. [read post]
29 Jun 2021, 9:33 am by Lawrence B. Ebert
Martin’s expert report that were untimely disclosed. [read post]
29 Jun 2021, 4:00 am by Deanne Sowter
In doing so, Justice Martin emphasized the need for “full and frank disclosure” between parties to support “good faith negotiation” (at para 51), and that the law needs to provide clear presumptions (a clear anchor) so parties can negotiate successfully. [read post]
The EU trademark application was opposed on the basis of the earlier the EUTM  , both designating museum services in class 41. [read post]
26 Jun 2021, 9:40 am by Ajay Sarma, Christiana Wayne
Christiana Wayne announced this week’s Lawfare Live discussion with Adam Klein, who discussed his findings from studying 19 Foreign Intelligence Surveillance Act applications: powered by Crowdcast Susan Landau explained how computer software should be treated as evidence during a trial. [read post]
26 Jun 2021, 9:39 am by Michael Burke
  Second, the USPTO determined that “Washington Football Team” too closely resembled a preexisting registration for the “Washington Football Club,” a trademark applied for by Martin McCaulay. [read post]
  The UK IPO refused the application because Tefal had not shown that it was inherently distinctive, nor had it acquired distinctiveness through use. [read post]
23 Jun 2021, 2:46 pm by Susan Landau
The CCRC received 61 applications from convicted SPMs; by January 2021, the Review Commission had referred 51 of these to appropriate appeals courts. [read post]
23 Jun 2021, 2:46 pm by Susan Landau
The CCRC received 61 applications from convicted SPMs; by January 2021, the Review Commission had referred 51 of these to appropriate appeals courts. [read post]
23 Jun 2021, 7:23 am by Michaela Ring (Hoffmann Eitle)
Functionality was not proven by the mere fact that the product appeared in a patent application as a patent application does not contain considerations as to the visual appearance of the product, but only describes its technical function. [read post]
23 Jun 2021, 7:23 am by Michaela Ring (Hoffmann Eitle )
Functionality was not proven by the mere fact that the product appeared in a patent application as a patent application does not contain considerations as to the visual appearance of the product, but only describes its technical function. [read post]
21 Jun 2021, 9:01 pm by Michael C. Dorf
Georgetown Law Professor Martin Lederman and I filed an amicus brief in California v. [read post]
16 Jun 2021, 12:20 am by Robin Stewart
The judge in Rakusen, Deputy President of the Lands Chamber Martin Rodger QC, rejected the landlord’s argument that the repayment of rent could only be required from the landlord who was the direct recipient of rent from the tenant making the application [30]: “As a matter of language there is nothing incongruous in referring to a sum being “repaid” by a person who was not the original payee. [read post]