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6 Oct 2009, 10:12 pm
For example, see this case, and this one.I wonder why this decision was deemed precedential? [read post]
18 Dec 2009, 1:28 pm
Prior case law did not assist the Appellant and the English version of section 6 had to be interpreted so as to avoid a conflict with the French version which was written in the present tense. [read post]
11 Nov 2007, 2:09 pm
Mark K. [read post]
10 May 2023, 6:08 pm
Information reviewed by an accident reconstructionist can include police reports, an inspection of the wrecked vehicles, photographs of the scene, skid marks, etc. [read post]
10 May 2023, 6:08 pm
Information reviewed by an accident reconstructionist can include police reports, an inspection of the wrecked vehicles, photographs of the scene, skid marks, etc. [read post]
10 May 2023, 6:08 pm
Information reviewed by an accident reconstructionist can include police reports, an inspection of the wrecked vehicles, photographs of the scene, skid marks, etc. [read post]
13 Jan 2016, 11:09 am
In 2010 I wrote this post about a now-notorious case, eventually ensconced as Louis Vuitton Malletier, S.A. v. [read post]
13 Nov 2018, 9:16 am
The fact that Mark Herring, Virginia’s attorney general, has declined to appeal the lower court’s decision to the Supreme Court does not, Heytens contended, allow the legislators to do so instead. [read post]
20 Jun 2007, 5:12 am
This is not a case involving the misidentification of a single, ongoing enterprise, but a case where two separate enterprises were in existence at the same time. [read post]
20 May 2019, 3:18 am
Again it pointed out that each case must be decided on its own record. [read post]
29 Jan 2016, 3:43 am
The IPKat has learnt of a reference to the CJEU (Case C-654/15) from the Swedish Supreme Court (its case no. [read post]
3 Apr 2016, 7:52 pm
The Supreme Court of Appeal in South Africa recently handed down the appeal judgement in the Distell case, a decision of the Kwazulu Natal High Court. [read post]
6 Sep 2016, 6:56 am
In that case, University of Notre Dame opposed the registration of ‘Notre Dame’ for cheese. [read post]
6 Feb 2017, 6:08 am
The Board pointed out that in the ordinary case, when two parties vie for proprietary rights in a descriptive term, the case turns not on who used the term first, but on which party's mark first achieved acquired distinctiveness. [read post]
2 Jul 2013, 9:23 pm
Adidas’ reliance on previous South African judgments and foreign judgments is misplaced and of extremely limited assistance, since those cases cannot assist the factual enquiry and comparative analysis the SCA is enjoined to make on the facts of the case. [read post]
19 Dec 2014, 1:21 am
Nevertheless, the evidence produced was not enough to establish a case for Modena and the common understanding of these words, and it is hard to argue against that. [read post]
20 Jan 2021, 11:38 am
While there are a couple of cases allowing terms that had distinctiveness, then became generic, to reclaim that earlier distinctiveness, I’m not aware of cases allowing a once-functional product feature to become nonfunctional.] [read post]
27 Jan 2014, 6:56 am
The opposed application for the mark SHAPES was filed on the basis of Section 1(b) intention to use.The Board first considered the issue of fame, observing that fame plays a "dominant role in likelihood of confusion cases." [read post]
3 May 2013, 4:48 am
Hargis makes screws commonly used in metal buildings under the Sealtite mark. [read post]
20 Apr 2016, 5:30 am
As mentioned previously, FY 2015 produced a marked increase in recoveries for qui tam cases where the government declined to intervene. [read post]
