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14 Mar 2014, 7:40 am by Ron Coleman
District Court for the Southern District of New York (full decision here) in Louis Vuitton Malletier v. [read post]
7 Mar 2014, 10:33 am
Indeed, while under Article 52(1)(a) CTMR the application date is the seminal moment for the examination invalidity grounds, examiners and Courts are free to consider any material subsequent to the date of application insofar as it enables conclusions to be drawn with regard to the situation as it was on that date [see the CJEU’s orders in Alcon v OHIM, in Case C-192/03P, and Torresan v OHIM, in Case C-5/10]. [read post]
3 Mar 2014, 3:37 am
Instead, it uses a process of ‘mingling’: automatically stirring and mixing the food to coat it in a thin film of oil, and cooking with a directed flow of heat.ObviousnessThe prior art was assessed as follows in the obviousness case:* Siu – Arnold J construed Siu as also disclosing a dry fryer. [read post]
11 Feb 2014, 5:59 am
[The Board dismissed this opposition to ARMORSTONE for "clear and pigmented coatings used in the nature of paint; Glazes; House paint; Interior paint; Mixed paints; Paint for concrete floors; Paint primers; Paint sealers; Paint thinner; Paints; Paints and lacquers; Pavement striping paint; Epoxy coating for use on concrete industrial floors," finding it not likely to cause confusion with the registered mark STONCLAD, STONHARD, and STONSHIELD for… [read post]
6 Feb 2014, 7:09 am
 The trial court dismissed Red Bull's claims but the Gerechtshof te Amsterdam took the opposite view, finding that"13 ... the sign ‘The Bulldog’ was similar to the mark ‘Red Bull Krating‑Daeng’ and that Mr de Vries, by riding on the coat-tails of that mark with a reputation, had sought to take advantage of the reputation of that mark with a view to having his share of the energy drinks market held by Red Bull and corresponding to a multimillion euro… [read post]
31 Jan 2014, 7:26 am
  In Miller, the patient used an analgesic skin patch and sadly died, which resulted in a lawsuit against the product’s manufacturer. [read post]
29 Jan 2014, 7:03 am by Joy Waltemath
On Monday, January 28, the state’s highest court issued an order granting certiorari in Coats v Dish Network, LLC (Dkt No 13SC394). [read post]
31 Dec 2013, 1:59 pm
In most cases involving the abandonment of a still-famous mark--although ill-famed-- the U.S. courts have examined whether a trade mark owner's de minimis use of a mark was sufficient to maintain the owner's exclusive rights Silverman v. [read post]
23 Dec 2013, 4:29 am by Ron Coleman
Editions authorized for sale in the United States are of the highest quality, and are printed with strong, hard-cover bindings with glossy protective coatings. [read post]
20 Dec 2013, 10:06 am
[The Board dismissed this opposition to ARMORSTONE for "clear and pigmented coatings used in the nature of paint; Glazes; House paint; Interior paint; Mixed paints; Paint for concrete floors; Paint primers; Paint sealers; Paint thinner; Paints; Paints and lacquers; Pavement striping paint; Epoxy coating for use on concrete industrial floors," finding it not likely to cause confusion with the registered mark STONCLAD, STONHARD, and STONSHIELD for… [read post]
11 Dec 2013, 1:16 pm
In L'Oréal SA and others v Bellure NV and others [2010] EWCA Civ 535[noted here by the IPKat] a comparative advertisement was held to constitute unfair practice where one brand had taken unfair advantage of the reputation of another well-known brand by free-riding on the coat tails of their success. [read post]