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23 Nov 2023, 6:58 am
Below, you’ll find a weekly summary of what happened on the IPKat recently, while competent authorities were busy handing down interesting decisions in IP-related cases.Image: shutterstock.comTrade marks Kevin Bercimuelle-Chamot reviewed a recent decision of the EUIPO’s First Board of Appeal concerning an opposition to the registration as an EU word mark of “miababy”, grounded on its alleged confusing similarity with the earlier trade mark "ia BABY… [read post]
22 Nov 2023, 11:05 am
Case Study Two: When a Trademark Trumps an NNN Agreement I explained to the other two companies why an NNN Agreement would not be very good at providing them the IP protection they sought and then told one of them how a China trademark would be both better and cheaper. d. [read post]
22 Nov 2023, 10:36 am
At issue in Abitron was the federal trademark statute, which prohibits use of a U.S. trademark that is likely to cause confusion in the United States. [read post]
22 Nov 2023, 4:13 am
In any case, as the Board pointed out, Trek's evidence was "not broken down by product and [did] not appear to be for only clothing and bags. [read post]
21 Nov 2023, 10:20 am
In this case the Court agreed with the EUIPO that, whereas the documents produced by Sattvica constituted authorisations to use the Mark, they did not "formally justify" the transfer of the Registration to Sattvica, within the context of a signed agreement between the two parties as required. [read post]
21 Nov 2023, 8:25 am
In some cases, this might reflect a purposeful decision by management; in others it may be due to a rogue employee. [read post]
20 Nov 2023, 6:27 pm
Note that, in some cases, an advertiser’s licensure requirements may change once revenue exceeds a predetermined threshold. [read post]
20 Nov 2023, 1:41 pm
These situations have yet to play out in the case law and we can only speculate if the result will be like Spireon or if other factors will change the result. [read post]
20 Nov 2023, 9:15 am
The Lanham Act provides for special remedies in cases of trademark infringement “involving” the use of a “counterfeit” mark. 15 U.S.C. [read post]
20 Nov 2023, 9:15 am
The Lanham Act provides for special remedies in cases of trademark infringement “involving” the use of a “counterfeit” mark. 15 U.S.C. [read post]
20 Nov 2023, 3:55 am
Likewise, the Trademark Rules provide that “termination of an expungement or reexamination proceeding in favor of the registrant does not bar future nonuse cancellation actions under [Trademark Rule] § 2.111 with respect to the registration. [read post]
19 Nov 2023, 3:03 pm
In such cases, businesses have argued that the customers are part of a “trade secret” and are confidential. [read post]
17 Nov 2023, 1:26 pm
GO raised the pending case of Elster v. [read post]
17 Nov 2023, 1:11 pm
The Supreme Court recently heard oral arguments in the case of Vidal v. [read post]
17 Nov 2023, 7:31 am
[2] Note: Air Canada advanced various Lanham Act claims, including counterfeiting, trademark infringement, unfair competition, false advertising and trademark dilution relating to the alleged use of Air Canada marks and logos in connection with seats.aero’s travel reservations and incentive services. [read post]
17 Nov 2023, 6:35 am
Case date: 21 September 2023 Case number: No. 22-2658 Court: United States Court of Appeals, Third Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
16 Nov 2023, 9:01 pm
Give your attorney all the relevant documents and information related to the case so they can assess the validity of the claims in the letter. [read post]
16 Nov 2023, 10:48 am
In this case, that is what the trademark attorney did – he filed almost a dozen photographs of my client’s inventive device. [read post]
16 Nov 2023, 10:12 am
It even notes cases where he testified as an expert witness. [read post]
16 Nov 2023, 12:05 am
ABA Journal, Columbia Law Prof Banned From 2 Depositions After Allegations of Verbal Abuse, Intimidating Presence: A Columbia Law School professor has been banned from depositions in a trademark case after a former employee who was set to be deposed alleged that his post-traumatic stress disorder partly stemmed partly from... [read post]
