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20 Aug 2013, 11:09 am
In both cases, the goal is to refer to the source of the goods, but the use of the trade mark is the more efficient way to do so. 3. [read post]
19 Oct 2016, 1:26 am by Jani Ihalainen
The General Court ultimately rejected the appeal.While the case is by no means revolutionary, it does illustrate a need to be careful in the choice of marks for specific goods, especially when the depiction could be closely linked to the goods at hand (by way of example, a bar bell could've just as well been descriptive here). [read post]
6 Jun 2017, 2:59 am
In other words, the word "fame" as stated in the listing of factors in the du Pont case should be read as "strength. [read post]
29 Mar 2021, 3:48 am
Because the issues in this case turn on actual marketplace usage notconsidered by the TTAB, issue preclusion does not apply. [read post]
8 Dec 2014, 6:51 am
Describing trade mark protection as the finger that is pointed at a product, as distinct from the protection of the product itself, Annette explained that the two notions are effectively merged in the case of three-dimensional products. [read post]
19 Jun 2017, 5:31 pm by davidg
It is true that the necessary brevity of trade- marks limits what they can say. [read post]
31 Jul 2023, 10:27 am by Chiara Gallo
Here’s the weekly roundup of all the news and stories you might have missed from the IPKat.Trade marks Image via PexelsMarcel Pemsel discussed the challenges linked to the registration of 3D trademark in the European Union, especially in relation to the recent application made by Wajos and the recent EUIPO Judgement in case T-10/22.Katfriend Theodora Goula considered EU trade mark protection system in the case of second-hand fashion by analysing the… [read post]
15 May 2020, 8:24 am by David Oscar Markus
  In the Gotti case, he was opposite John Gleeson, the lawyer that was just appointed in the Flynn case. [read post]
26 Jan 2007, 12:18 am
Consequently, GMCI has built up extensive goodwill symbolized by the Penthouse marks. [read post]
11 Feb 2010, 8:35 pm by Ryan
Mark and I talked about his case. [read post]
7 Jul 2015, 3:37 am
Petitioner had already been using the mark UVF461, and looked to a bulb with twice as much wattage: thus the "8" in the subject mark instead of the "4" in the prior mark. [read post]
30 Jul 2018, 2:51 am
Balancing the relevant du Pont factors, the Board found confusion likely, and it affirmed the Section 2(d) refusal, finding it unnecessary to address the refusal to register the mark under Section 2(e)(1).Read comments and post your comment here.TTABlog comment: I wonder why the Board did not address the 2(e)(1) refusal, for the sake of completeness in case of appeal.Text Copyright John L. [read post]
13 Feb 2013, 4:05 am by John L. Welch
Although that number is low, it is not particularly probative because, according to the Board, in this case "confusion is more focused on the sponsorship/affiliation aspect or the possible perception of potential consumers that the ingredients come from the same manufacturer." [read post]
6 Aug 2019, 2:27 am
At the CAFC, Hylete argued that the Board erred in failing to compare Hylete's "H" mark with  Hybrids's "composite common law mark" instead of just Hybrid's common law "H" mark. [read post]
12 May 2020, 4:18 am
The marks are more similar than dissimilar, which is "particularly significant in this case given how famous and strong Opposer's mark is. [read post]
14 Nov 2019, 3:00 am
Ten of the third-party websites did have some relevance, but this volume of evidence "'does not appear to approach the quantum of evidence of use' in prior case in which marks were found to be weak. [read post]
14 Oct 2011, 12:42 pm by Criminal Defense
The true perpetrators were identified in 124 of those cases. [read post]
16 Aug 2011, 1:17 pm
Our time on this earth is precious, and we never really know when it is coming to a close, this was tragically the case with Pete Peters, who passed away this week. [read post]
19 Oct 2011, 2:00 am by John L. Welch
[By the way, I've heard a TTAB Judge say that most 2(d) cases can be decided just by looking at the involved goods/services and the marks.] [read post]