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4 May 2018, 12:10 pm
One candidate, Renee Gordon, returns for a second try after losing in the primary in 2016 to eventual winner Mark Blumstein. [read post]
27 Apr 2018, 1:29 pm by Tamera H. Bennett
. “This litigation [5Pointz] marks the first occasion that a court has had to determine whether the work of an exterior aerosol artist—given its general ephemeral nature—is worthy of any protection under the law.” — Cohen v. [read post]
27 Apr 2018, 1:29 pm by Tamera H. Bennett
. “This litigation [5Pointz] marks the first occasion that a court has had to determine whether the work of an exterior aerosol artist—given its general ephemeral nature—is worthy of any protection under the law.” — Cohen v. [read post]
27 Apr 2018, 6:41 am by Bartosz Krakowiak
The fact that the EUIPO had previously registered other ‘HOUSE OF …’ marks should not be an argument in the case at issue because – with such a clearly non-distinctive sign as ‘HOUSE OF CARS’ – the principle of legality cannot be infringed to satisfy expectations that the applicant could have had in relation to the registration of another mark based on the same concept. [read post]
23 Apr 2018, 8:17 am by Erica Vaccarello
  Easy Sanitary Solutions v Group Nivelles,  C-361/15, on the irrelevance of the sector of use to determine novelty and individual character), but also 3d marks (cf. [read post]
23 Apr 2018, 4:16 am by Julius Stobbs
Birkenstock’s mark was registered in respect of orthopaedic footwear in class 10 and footwear generally in class 25. [read post]
20 Apr 2018, 5:34 am by Verena von Bomhard
More from our authors: Mediation: Creating Value in International Intellectual Property Disputes by Théophile Margellos, Sophia Bonne, Gordon Humphreys, Sven Stürmann € Design Rights, Functionality and Scope of Protection by Chris Carani€ 199 The post CJEU puts old seniority claims at stake: If national marks… [read post]
18 Apr 2018, 7:24 pm by Cheryl Beise
Cheryl BeiseThe federal district court in Tampa properly determined that a karaoke disc jockey’s use of unauthorized copies of karaoke tracks displaying Phoenix Entertainment Partners’ SOUND CHOICE mark did not constitute trademark infringement or unfair competition under the Lanham Act, the U.S. [read post]
18 Apr 2018, 5:50 am by Charles Gielen
Charles GielenThe Benelux trade mark system will undergo two important changes as per June 1, 2018. [read post]
17 Apr 2018, 11:03 am by Julius Stobbs
The solution proposed is that any use of the mark in the EU in the 5 years prior to the end of the transition period be considered sufficient to maintain the right in the UK. [read post]
12 Apr 2018, 2:28 am by Sascha Abrar
Sascha AbrarIn Germany, an opposition against a German trade mark can be based not only on a trade mark but also on a company name or trade name. [read post]
6 Apr 2018, 7:18 am by Julius Stobbs
Certain implications of this framework for trade marks were discussed in our previous post. [read post]
4 Apr 2018, 3:26 am by Louise Thorning Ahle
It is easy to see why Philip Morris needed to rely on the reputation of the earlier mark, as no likelihood of confusion exists between the purely figurative mark of Philip Morris and the mark applied for. [read post]
30 Mar 2018, 11:26 am by Jordan Brunner
Gordon’s Atrocity Speech Law: Foundation, Fragmentation, Fruition. [read post]
29 Mar 2018, 2:15 am by Michal Havlik
The average Slovak consumer is not likely to recognize the meaning of the word mark “vogue” in French or English language. [read post]
22 Mar 2018, 9:01 pm by Jim Sedor
Tax Law May Curb Corporate Cash at GamesPittsburgh Post-Gazette – Marcy Gordon (Associated Press) | Published: 3/18/2018 K Street lobbyists who helped craft the Republican tax legislation could now be pinched by it. [read post]
20 Mar 2018, 4:37 am by Verena von Bomhard
The decision is welcome in that, once again, the Fourth Board was rather quick in denying any similarity between the marks, thereby avoiding any analysis of all the other points raised, in particular, the distinctiveness of the earlier mark. [read post]
12 Mar 2018, 10:54 am by Julius Stobbs
In the UK Trade Marks Act 1994, which has not yet been amended in accordance with the new EUTM Directive, it is still a requirement that a trade mark should be a sign capable of being represented graphically, a provision without equivalence in EU law. [read post]