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30 Jun 2017, 6:00 pm
On 6 July 2007, Hub Culture registered a US word mark for VEN for finanical services.Because this decision hinged on whether there was good or bad faith at the time of filing, the order of events is important. [read post]
30 Jun 2017, 6:00 pm
On 6 July 2007, Hub Culture registered a US word mark for VEN for finanical services.Because this decision hinged on whether there was good or bad faith at the time of filing, the order of events is important. [read post]
3 Jun 2024, 9:23 am
On these goods the trade mark would be perceived as a motif only. [read post]
2 Jul 2021, 11:44 am
C. [read post]
1 Nov 2021, 7:19 am
Brown Innovation, LLC, Opposition No. 91252488 (October 30, 2021) [precedential] (Opinion by Judge Cynthia C. [read post]
11 Jul 2021, 6:46 pm
Here's an excerpt of their argument: C. [read post]
19 Mar 2024, 3:49 am
Applicant Salvation contended that “[c]ompanies typically separate their topical goods from their consumable goods,” which “prevents consumers from believing that the consumable goods somehow contain similar ingredients or characteristics as the topical products, which can contain toxins or other undesirable ingredients to consume and allows the companies to market the products with different message. [read post]
3 Jun 2022, 8:34 am
Gigi was also awaiting her delivery ...Is the operator of an online marketplace (more specifically: a hybrid marketplace, which also provides logistics assistance to third-party sellers through a fulfilment programme) using third-party trade marks itself, in accordance with Article 9(2) EUTMR, when it displays, on its marketplace, advertisements of independent sellers’ goods that infringe such trade mark rights, which it also delivers to end customers? [read post]
25 Feb 2014, 8:33 am
Since the Philips/Nokia ruling (Cases C-446 and 495/09 [noted by the IPKat here]) in 2011, under EU law, European customs can check counterfeit goods transiting through the EU but can only stop them if there is a risk of these goods entering into the Single Market. [read post]
5 May 2020, 5:29 am
"In re Information Builders Inc., Serial No. 87753964 (April 30, 2020) [precedential] (Opinion by George C. [read post]
12 Jan 2022, 3:00 am
Section 1125(c). [read post]
26 Mar 2019, 3:29 am
The USPTO refused to register the mark A MOTHER'S TOUCH MOVERS for "transportation of household goods for others" [MOVERS disclaimed], finding a likelihood of confusion with the registered mark A WOMAN'S TOUCH MOVING for "moving and storage of goods; moving company services" [MOVING disclaimed]. [read post]
23 Feb 2013, 6:24 am
Fleming and Linda C. [read post]
15 Sep 2020, 6:48 am
The answer to all these questions is in the affirmative, as Pest Control – a handling service acting on behalf of elusive artist Banksy – learned yesterday, when the Cancellation Division of the European Union Intellectual Property Office (EUIPO) ordered that its EU trade mark (EUTM) registration representing one of Banksy’s best known artworks, the Flower Thrower, be declared invalid on the ground of bad faith.BackgroundIn 2014, Pest Control obtained the registration of… [read post]
25 Oct 2019, 9:40 am
Registration was granted in 1999 (in 2014 the trade mark was transferred to Rubik’s Brand).In 2006, Simba Toys filed an application for a declaration of invalidity of the mark, on the basis of what are now Articles 59(1)(a) and 7(1)(a)-(c) and (e) EUTMR. [read post]
17 May 2023, 4:07 am
Mountains and Mermaids, LLC, Oppositions Nos. 91250027 and 91250160 (May 8, 2023) [not precedential] (Opinion by Judge Cynthia C. [read post]
23 May 2015, 5:25 am
Among the trade mark cases of this week, in case T-55/13 the General Court dealt with another dispute (following Case C‑196/11 P, reported by Jeremy here) involving several trade marks of ‘the top class of professional motor racing’, in other words Formula 1.This time, Formula One Licensing BV opposed Idea Marketing SA’s CTM application for the F1H2O word mark, which sought protection for goods and services in classes 9, 25,… [read post]
6 Feb 2014, 4:02 am
This morning the CJEU (second chamber) handed down judgement in case C-98/13, Martin Blomqvist v Rolex SA,Manufacture des Montres Rolex SAThe point at issue before the CJEU (set out in a series of questions which the court condensed to a single answer) was that, in the scenario where somebody purchased from a non-EU website counterfeit goods (in this case, a fake Rolex), could these be seized by customs, it being apparently common ground that the Customs Regulation… [read post]
8 Aug 2013, 11:33 am
§ 1125(c)(2)(C) happens when the reputation of the famous mark is damaged by association with a similar mark. [read post]
6 Jan 2014, 6:43 am
They’re also obviously at risk of simply describing, in a laudatory manner, characteristics of the goods or services in question.CJEU Cases C-398/08 P Audi AG v OHIM (VORSPRUNG DURCH TECHNIK) and C-311/11 P Smart Technologies ULC v OHIM (WIR MACHEN DAS BESONDERE EINFACH), already blogged by Jeremy hereand here, set out the position in Europe. [read post]
