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14 Jan 2009, 4:00 am
This posting will not attempt to cover every issue raised, but instead will hit the high points of the 30-page decision, in which the Board sustained a Section 2(d) opposition to registration of the mark IRONMAN in the design form shown below, for nutritional supplements and related goods, finding the mark likely to cause confusion with Opposer's common law mark IRON MAN for magazines. [read post]
19 Jun 2014, 2:09 am
The Board, it said, had correctly observed that consumers are used to perceiving locking devices as being either functional or ornamental, or even as both, but not as indications of the commercial origin of the goods covered by the mark. [read post]
2 Mar 2019, 2:17 am
In particular, it considered that the mark would be perceived by the relevant public as the representation of a heart and, therefore, as a reference to the fact that the services in question concern the field of cardiology.The applicant subsequently appealed to the GC claiming that, by not rightly taking into account the relevant public’s high level of attention, the Board had violated Article 7(1)(b) EUTMR together with the principles of equal treatment and sound administration.The… [read post]
18 Mar 2014, 5:30 pm
  However, a recent court decision by the German Federal Patent Court (case reference: 29 W (pat) 14/12) hinged on exactly that point and may provide IPKat-reading trade mark practitioners with some interesting arguments.An opposition based on an earlier Community trade mark registration for the mark CORDIUS covering, inter alia, 'financial services' was brought  against a German national trade mark application for the mark CORDIA… [read post]
29 Dec 2016, 3:58 am by Matthew Dresden
On the other hand, it allows “real” trademark owners to register their marks to cover a much wider range of products and services than would be allowed in most other countries. [read post]
18 Oct 2011, 2:46 pm by Mark Stanley
10/18/2011 Author:  Mark Stanley Security & Surveillance ECPA CDT today hosted a press conference with Senators Ron Wyden (D-Ore.) and Mark Kirk (R-Ill.) highlighting the need to update the Electronic Communications Privacy Act (ECPA), which marks its 25th anniversary this… [read post]
12 May 2007, 10:05 am
Plaintiff has used its marks since 2001.Defendant’s design appears on the cover of its Easy-Does-It Series booklets (the top portion of which is depicted below) as an arch that may be one of many different colors, including purple. [read post]
4 Dec 2018, 5:47 am
Opposer's evidence of relatedness of the goods was minimal: two third-party registrations covering "“alcoholic beverages, except beer," and testimony that the involved goods fall in the same International Class and travel in the same channels of trade.Given the specific types of alcoholic beverages here, the presence in the record of only two registrations whose broad identifications of goods cover all alcoholic beverages except beer, and the absence from the… [read post]
22 Jun 2024, 9:55 am by Yosi Yahoudai
He is set to appear in court on Monday, according to Dallas County prosecutor Eric Marks. [read post]
3 Feb 2016, 7:30 am by Steve Brachmann
This also marks the first time that an IPR has been requested to review one of Apple’s many patents. [read post]
25 Jul 2017, 8:24 pm
"Supreme Judicial Court ruling gives legal cover to sanctuary cities": Milton J. [read post]
24 Nov 2012, 3:34 am by Rumpole
The story is compelling and we read the book -cover to cover- on Friday while digesting our thoroughly vegan Thanksgiving day repast. [read post]
25 Feb 2019, 4:10 pm by INFORRM
It has been integrated by Microsoft into its Edge Browser – but Newsguard’s use of humans, not algorithms suggests that a scale-up of its work to cover all dodgy websites would be very costly. [read post]
11 Nov 2020, 3:02 pm by Nikki Siesel
On the contrary, after reviewing the dictionary definitions of “Ceramic” and “Shield”, the Board concluded that these terms suggest that the goods will provide a ceramic based cover or shield for vehicles. [read post]
5 Jun 2007, 2:01 pm
  First, parody was added to the list, so that the use of the Olympic marks for parody purposes falls outside the Act. [read post]
3 Sep 2008, 6:25 pm
However, taped recorded conversations with Deputy Attorney General Richard Hamp and Chief Deputy Attorney General Kirk Torgensen completely and categorically rebuffed Utah Attorney General Mark Shurtleff's outright lies.Utah has a statute covering "Criminal Defamation. [read post]
15 Nov 2014, 6:11 pm
The use of "sensibly" in Judge Hacon's judgements is itself becoming something of a trade mark. [read post]
24 Jun 2019, 9:04 am by Dennis Crouch
  The majority opinion entirely skipped this debate because it was covered in Tam – although tersely and incompletely. [read post]