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14 May 2020, 1:32 am
Preparatory acts – goods in transitTrademark owners have the right to stop mere preparatory actions of infringing use (such as packaging) as well as stopping any third party from bringing goods into Greece, even where the goods are not intended to be released for free circulation within the Greek market.5. [read post]
1 Nov 2023, 9:00 pm
Tax deadlines vary depending on whether an LLC is filing as a sole proprietorship, partnership, S corporation, or C corporation. [read post]
10 Dec 2014, 12:19 pm
Maker’s Mark Distillery, Inc. [read post]
15 Oct 2015, 3:34 am
The Board concluded that a substantial portion of consumers of applicant’s goods will "stop and translate" the mark. [read post]
2 Jun 2020, 12:39 am
Thirdly, importing of trade marked goods may occur although they were not imported at the importer’s request. [read post]
20 Dec 2009, 6:09 am
The Opposers claim that the applied-for mark is likely to cause confusion, or create a false association, with their various SOX marks used for a "wide variety of goods and"services, including, without limitation, vehicle accessories. [read post]
4 Apr 2022, 12:51 pm
(c) Actual confusion. [read post]
21 Jun 2020, 6:06 am
The Court reached its conclusion on the basis that the Board of Appeal had not carried out an overall assessment of the mark when considering distinctive character acquired through use in the EU.Louis Vuitton's 'Damier Azur'BackgroundIn 2008, Louis Vuitton Malletier obtained an international registration for the pictured mark in relation to Class 18 goods, with the mark being recognised as having the same protection as an EU trade mark in… [read post]
17 Oct 2018, 3:59 am
More unfair advantage, but only where the goods are “luxury” enoughKenzo Tsujimoto v EUIPO, Joined Cases C‑85/16 P and C‑86/16 P, CJEU (May 2018)Kenzo is a French fashion house with Japanese roots. [read post]
3 Jul 2014, 2:00 pm
After all, under Article 3(1)(c) of Directive 2008/95 to approximate the laws of the Member States relating to trade marks, you can't register a mark that consists exclusively of signs or indications which might serve in trade to designate a characteristic of the goods in respect of which it was registered. [read post]
9 Jan 2014, 3:02 am
Skincode also claimed likelihood of dilution under Section 43(c). [read post]
13 Nov 2018, 7:41 am
Thank goodness. [read post]
30 Oct 2019, 1:05 pm
Also, approaching this as distinctiveness is unsatisfying, b/c it fails to consider cultural value of name in relation to the goods—it’s not just a semantic Q of name’s relationship to the good. [read post]
18 Mar 2007, 11:39 am
(Mark J.), the Court issued an important decision explicating the new DSO provision in section 522(c)(1). [read post]
25 Mar 2024, 4:58 am
In 2020, New Yorker Marketing & Media International GmbH (‘New Yorker’) filed invalidity applications against BIW’s trade marks, alleging that they lacked distinctiveness and were descriptive at the filing date (Art. 7(1)(b) and (c) EUTMR). [read post]
21 Jun 2024, 10:16 pm
The case law of the Court of Justice of the EU suggests that a trade mark owner is not required to disclose trade secrets when establishing genuine use (case C-183/21 at para. 44). [read post]
26 Apr 2023, 7:10 am
Applicant argues that the “vast majority of Americans have no idea where or what Jiguani is [and c]onsequently, it is almost impossible that purchasers would make a goods/place association. [read post]
22 Nov 2021, 3:29 am
The marks are too close for comfort, but what about the goods? [read post]
16 Dec 2013, 12:23 pm
§ 1125(c) and 4) have willfully infringed. [read post]
27 Sep 2010, 12:57 pm
Limiting the role of trade marks The rationale behind this somewhat restrictive stance for trade marks is to prevent trade mark owners from having a “monopoly over technical solutions or functional characteristics of a product” (see Philips judgment C-299/99, para 78). [read post]
