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29 Nov 2019, 8:18 am
Article 8 of the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases involving Trademark Authorization and Confirmation (Interpretation No. 2 [2017] of the Supreme People’s Court) suggests that: When the disputed trade mark is a foreign language sign, the People's Court shall judge whether the foreign-language trade mark possesses distinctiveness based on the general knowledge of the relevant… [read post]
9 Jul 2022, 4:18 am
See you next year in always-sunny Alicante for the next IP Case Law Conference! [read post]
18 Nov 2008, 5:13 pm
There is another interesting aspect to the Cuban insider trading case that I didn't address in detail in my earlier post on the Mark Cuban insider trading case.I discussed materiality, touched on "non-public" and damages. [read post]
2 Nov 2008, 10:10 am
Beall also argued that there was still no case or controversy because Vantage hadn't fixed on a design when Beall sent it a C&D or when Vantage initially sued. [read post]
28 Aug 2023, 5:29 pm
ATLANTA — Former Trump White House Chief of Staff Mark Meadows took the witness stand in federal court Monday in a bid to get the criminal case charging him with tampering with the 2020 presidential election results moved out of state court and, ultimately, dismissed. [read post]
23 Jan 2007, 4:03 am
What we have here is currently 25 pages in 2-dimensional format; if we could only link this data to (i) files that show how the holograms 'move', (ii) case law and office rulings, (iii) other related marks filed by the same applicant, and so on, the file would really come to life. [read post]
26 Dec 2018, 5:31 am
Chaney or others convicted in the past based on bite-mark evidence.Taking a bite out of junk forensic scienceThere are two, major direct implications to the Chaney case: First, bite-mark testimony in the future may only exclude people, or say the result is undetermined. [read post]
20 Jan 2015, 2:12 pm
But delay is no small victory in a capital case. [read post]
9 Jan 2009, 1:18 pm
According to the Trade-marks Office’s announcement, the practice changes will include: issuing final decisions in limited cases directly following the filing of [...] [read post]
5 Feb 2014, 3:17 am
The first two registrations, however, have been cancelled, and all four were issued prior to the relevant case law. [read post]
6 Jan 2024, 4:16 am
The same year, the applicant, Full Colour, filed a request for a declaration of invalidity for all relevant goods and services on grounds of bad faith under Article 59(1)(b) EUTMR and also pursuant to Article 59(1)(a) EUTMR in connection with Article 7(1)(b) and (c) EUTMR.The parties’ argumentsThe applicant submitted, amongst other things, that the mark for which protection was obtained was identical to EUTM No 12 575 155 (that is: the registration at issue in the 2020 case… [read post]
17 Jan 2018, 8:04 am
Criminal procedure — Voir dire — Batson challenge This case returns to us for the third time, and on a very narrow question: whether the Circuit Court for Baltimore City was able, two years after the fact, to analyze the State’s rationale for striking an African-American juror during voir dire at Mark O’Neil’s trial. [read post]
17 May 2012, 12:12 pm
” The case involved a dispute between Maker’s Mark bourbon and Jose Cuervo tequila—particularly, Cuervo’s premium tequila Reserva de la Familia—concerning the wax seal on both bottles of liquor. [read post]
31 Dec 2012, 7:34 am
To try and address this inefficient use of resources, members of the International Trade Mark Association's (INTA) Courts & Tribunals Subcommittee sought details from practitioners across the world as to whether any official guidance or useful case law had been published in their jurisdiction as to how to properly conduct a survey. [read post]
14 Jan 2011, 1:47 pm
The question was whether the burden of proof in false marking cases should be the same as that set forth in the Fifth Circuit's In re Volkswagen case, or whether it should be lessened. [read post]
11 Jun 2013, 9:22 pm
Dean tackles a controversial and topical issue around plain packaging for tobacco products making a case that any related legislation affecting trade marks in South Africa could be unconstitutional. [read post]
22 Apr 2011, 2:41 am
" "In this case, because of the problems with opposer's evidence of fame we have detailed, we treat the fame of opposer's mark to be on the weak end of the spectrum. [read post]
14 Sep 2011, 7:37 am
., 6:10cv058 (February 17, 2011) Judge: Michael Schneider Holding: Motions to Sever GRANTED A few days ago I posted on Judge Schneider's order dismissing the Tompkins cases for failure to satisfy the pleading standard for false marking cases - possibly the last substantive ruling in a false marking case, since the cause of action is eliminated (except for cases brought by competitors asserting marking of an unexpired patent which… [read post]
5 Jun 2011, 5:00 pm
Then select “Settlement Payments Received for Section 292 Cases” from the second drop-down menu. [read post]
21 May 2010, 12:05 pm
My interview with Mark is recorded in this seventeen-minute podcast: At the fifteen-minute marker, Mark discusses C-SPAN’s requests for the Court to release audio recordings of oral arguments the same day as the arguments. [read post]
