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19 Feb 2015, 2:37 pm
The CJEU’s ruling in DHL v ChronopostThe CJEU made it manifestly clear in its 2011 ruling in Case C-235/09 DHL v Chronopost [see previous Katpost here] that a Europe-wide injunction should only be granted in order to ensure that the proprietor can protect his trade mark, prohibiting only uses which affect or are liable to affect the functions of the trade mark. [read post]
24 Feb 2010, 5:25 pm
” The case is Mark Gable v. [read post]
14 Dec 2022, 10:00 pm
The Court held that it was not disputed that the applicant is the registered owner of the trade mark “O” R” S” thus giving the applicant the exclusive right to the trade mark, however, the Applicant had not made out a prima facie case to warrant the granting of orders of injunction and that the Applicant did not place sufficient evidence to sustain the claim on loss of goodwill. [read post]
8 May 2015, 9:18 am
Curiously, in the defence of Voss' claims, INTA, whose annual meeting has just ended in San Diego, was granted the leave to intervene in support not only of Voss' interests but in general of all its members in respect of'the assessment of the validity of three-dimensional marks'. [read post]
19 Dec 2013, 3:35 am
The Board found that the "unique circumstances" of this case warranted granting of the motion. [read post]
4 Apr 2021, 9:15 am
While the TTAB has refused to register or cancel registered marks that were generic terms at the time the trademark applications were filed, the TTAB has rarely... [read post]
8 Sep 2010, 3:25 pm
First, Mark Hurd resigns as Hewlett-Packard’s board Chair, CEO and President under a cloud of alleged misbehavior and inappropriate personal relationships; next, Mr. [read post]
13 Nov 2008, 10:20 pm
The Bush administration on Thursday urged a federal judge to dismiss a lawsuit brought by a group of Amish farmers in Michigan claiming RFID chipsrequired on cattle "are a mark of the beast. [read post]
18 Apr 2007, 6:33 pm
Despite a change in the mark and a severe narrowing of the goods in Calvo's second application, the Board granted summary judgment on the ground of res judicata. [read post]
31 Jul 2016, 7:53 pm
Adopting a mark that is merely descriptive will not allow an applicant to acquire the majority of benefits granted by federal trademark registration. [read post]
31 Jul 2016, 7:53 pm
Adopting a mark that is merely descriptive will not allow an applicant to acquire the majority of benefits granted by federal trademark registration. [read post]
13 Aug 2024, 6:13 am
Campbell, Jeremiah Galus, Mark Lippelmann, David Andrew Cortman, John J. [read post]
1 Nov 2007, 3:06 am
Source: On the Mark [read post]
24 Jul 2007, 4:17 am
In a dubious decision granting Respondent's motion for summary judgment, the Board dismissed a petition for cancellation of a registration for the mark ROMANTIC ROAD for tourism promotion services in class 35, finding the mark not to be primarily geographically descriptive under Section 2(e)(2). [read post]
27 Oct 2023, 4:01 am
The Board also granted applicant's motion to amend its answer to add an affirmative defense of collateral estoppel based on the Board's finding of lack of similarity between the two marks in an earlier opposition. [read post]
30 May 2024, 1:00 am
It clarifies that notoriety acquired in different fields can justify the registration of a name as a trade mark, even when there is a strong association with a prior existing well-known trade mark. [read post]
3 Jan 2020, 2:05 am
For instance, readers might recall the bad luck of Cardi B’s trade mark application for the word mark “OKURRR” (see here). [read post]
8 Feb 2018, 4:50 am
Step 1: Decide between a traditional patent marking or a virtual patent marking. [read post]
9 Apr 2020, 9:13 pm
Recall that most doubted cert. would be granted in Brunetti. [read post]
29 Apr 2010, 4:22 pm
Notably, a correct calculation of the expiration date must also account for at least: a) any term extensions granted by the USPTO, which may or may not be present on the face of the patent, and b) whether or not the Patent owner has paid the necessary maintenance fees.Simonian v. [read post]
