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21 Jan 2015, 3:00 am
Says Merpel, if Grundig wanted EU-wide protection for PIANISSIMO, despite its obvious problem in Italy, why didn't it apply to register PIANISSIMO as a national mark in all the countries in which Italian isn't spoken, build up a web of national registrations while it used the mark in Italy and elsewhere, then file for a CTM on the basis that it had acquired distinctiveness through use within the EU? [read post]
25 Apr 2019, 3:57 am by Edith Roberts
” At The George Washington Law Review’s On the Docket blog, Richard Pierce explains why “[i]t would be easy to interpret the six-Justice majority opinion in Biestek v. [read post]
12 Aug 2017, 7:42 am by Eric Goldman
Related Posts: * DMCA Safe Harbor Doesn’t Protect Zazzle’s Printing of Physical Items–Greg Young Publishing v. [read post]
10 May 2019, 9:12 am by Eric Goldman
So to say flatly “the hashtags don’t serve an identification function” because nearby hashtags like #dentist and #beautifulsmiles don’t identify Strauss’s or Align’s products perhaps underestimates consumers. [read post]
30 Oct 2013, 8:58 am by Ron Coleman
As Rebecca explained: The [McNeil Nutritionals, LLC v. [read post]
22 Oct 2015, 2:58 am
This doesn't matter: the function of the trade mark is to provide information for the consumer and thereby save time, by redressing the imbalance of information asymmetry. [read post]
23 Oct 2015, 1:07 pm by Rebecca Tushnet
 And asked that way, it’s clear this challenge opens up numerous cans of worms. [read post]
16 Sep 2010, 1:27 pm by Keith Lee
Prices of the original editions of a New Hope jumped up in price on eBay. [read post]
21 Jun 2018, 12:50 pm by Rebecca Tushnet
  I understand the impulse to protect against vague disparagement, but it is worth noting that the court doesn’t ask very much about what factual message exactly consumers will take away.] [read post]
23 Sep 2021, 1:20 pm by Eric Goldman
Trademarks come from consumer protection roots while publicity rights come from privacy roots, so publicity rights usually lack critical doctrinal features of trademark law like a “use in commerce” prerequisite for protection (but see the discussion below about Pennsylvania’s law) and a likelihood of consumer confusion for violations. [read post]
9 Feb 2016, 6:07 am
The AmeriKat thanks up and coming IP enthusiast, Jemma Trainor, for the full story:Background: The TX models v the Metrocab  In typical fashion, Mr Justice Arnold's decision provides a colourful and detailed history of the London cab (from 1621 to the present no less). [read post]
24 Apr 2010, 5:05 am by Rebecca Tushnet
Commercial Alert also complained about stealth/buzz marketing, where consumers are paid to talk up products. [read post]
14 Oct 2016, 12:12 pm by Rebecca Tushnet
But ultimately you may have to go to the source.Hogan: courts in the US are there to protect US businesses and US consumers. [read post]