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8 Dec 2014, 2:32 am
The second scenario is where both rights fall within the hands of the same owner, as in Case C-377/05 Christian Dior v Evora. [read post]
15 Apr 2015, 12:40 am
It is possible to argue that, by including the registered trade mark COKE as part of each of these marks, each will be deemed to possess sufficient distinctive character (unless the marks are still deemed to be a mere advertising slogan—see below).But let's assume that one or both of these marks are deemed to lack inherent distinctiveness. [read post]
11 Sep 2014, 3:10 am
The United States Patent and Trademark Office has just been reportedly faced with a case of alleged nepotism on the part of one of its Commissioners, the outcome being reported by the Washington Times (here, with a katpat to Chris Torrero for the link). [read post]
8 Nov 2017, 6:30 am
The Supreme Court’s 1857 Dynes v. [read post]
1 May 2024, 3:31 am
As the Board of Appeal had correctly stated, "the loss of reputation rarely happens as a single occurrence but is rather a continuing process over a long period of time, as the reputation is usually built up over a period of years and cannot simply be switched on and off [...] in addition, such drastic loss of reputation for a short period of time would be up to the applicant to prove". [read post]
25 Apr 2019, 7:54 pm
This was opposed by DC Comics, which holds similar marks for its Batman character, on grounds that there would be likelihood of confusion (see earlier IPKat post here). [read post]
19 Sep 2022, 10:33 am
In reality, virtually 100% of all app developers who are aware of Epic Games v. [read post]
25 Mar 2024, 4:58 am
Court of Justice of the EU, Bundesverband Souvenir - Geschenke - Ehrenpreise v EUIPO, C-488/16 P, at para. 38). [read post]
24 Mar 2016, 7:17 am
Many know her as the judge in the Apple v. [read post]
31 Aug 2018, 5:13 am
Our own Kat Eleonora Rosati will deliver a talk-- “Branderella: trade marks and fictional characters”. [read post]
3 Sep 2014, 6:35 am
We’re not saying that the plaintiffs and judge in King v. [read post]
21 Aug 2023, 6:05 am
Both Germany and the United States have advocated the “hybrid” route, with U.S. [read post]
2 Jun 2015, 10:45 am
In its context, that statement was directed at inside knowledge of the character of the persons who were accused of bias: see the judgment of Mr Justice Mustill in Bremer Handelsgesellschaft mbH v. [read post]
14 Jun 2009, 10:07 am
People v. [read post]
5 Feb 2011, 10:08 am
Justice BhandariThe Supreme Court in State of Uttranchal v. [read post]
6 Jan 2021, 5:01 am
" See, e.g., State v. [read post]
12 Nov 2020, 10:47 am
Promete una participación más amplia en decisiones ambientales y el acceso a la justicia para víctimas de daños ambientales. [read post]
7 May 2024, 9:31 am
This is recognized in the State Department’s Foreign Affairs Manual (FAM) at 9 FAM § 402.1-3 , which states that an “applicant desiring to come to the United States for one principal purpose, and one or more incidental purposes, must be classified in accordance with the principal purpose. [read post]
16 Sep 2024, 6:16 am
That moment when the character of the stop changes from a traffic stop to a criminal inquiry is called the "Rodriguez moment", after the 2015 Supreme Court decision in Rodriguez v. [read post]
24 Jan 2012, 4:51 pm
(v) were 32Red's Community marks and United Kingdom trade marks valid;? [read post]