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The law, however, does not indicate what kind of actions are needed to prevent acquiescence, and Case C‑466/20 (HEITEC AG v HEITECH Promotion Gmb and RW), decided by the CJEU on 19 May 2022, examined whether sending a warning letter, without any subsequent administrative or judicial follow-up, was good enough. [read post]
18 Aug 2022, 11:16 pm by Jeff Richardson
  Mark Gurman of Bloomberg—who has a pretty good track record for this sort of information—reports that he has been told by a source that Apple will introduce the new iPhone 14 line and the next versions of the Apple Watch on Wednesday, September 7. [read post]
17 Aug 2022, 7:57 am by Hayleigh Bosher
 They applied for 'Handmade Welsh Candle' which was refused - surely on grounds of being descriptive [under section 3(1)(c) Trade Mark Act 1994, which excludes from registration signs which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or… [read post]
17 Aug 2022, 3:15 am
There are three elements that must be met to invoke the bar of Section 2(e)(3): (1) The primary significance of the mark is a generally known geographic location; (2) The goods do not come from the place identified in the mark, but the relevant public would be likely to believe that the goods originate there; and (3) The misrepresentation is a material factor in the purchaser's decision to buy the goods in question. [read post]
15 Aug 2022, 9:56 am by Kaylee A. Sill (US)
With regard to the badge mark, the TTAB noted that Section 2(b) of the Trademark Act precludes registration of a mark that “[c]onsists of or comprises … insignia of [any] municipality …” (emphasis added). [read post]
15 Aug 2022, 9:56 am by Kaylee A. Sill (US)
With regard to the badge mark, the TTAB noted that Section 2(b) of the Trademark Act precludes registration of a mark that “[c]onsists of or comprises … insignia of [any] municipality …” (emphasis added). [read post]
14 Aug 2022, 6:02 am by Jack Goldsmith
  There are many reports that “[c]lassified documents relating to nuclear weapons were among the items FBI agents sought. [read post]
13 Aug 2022, 8:30 am by Russell Knight
“[C]ircumstances to give rise to a [fraudulent conveyance, allow for] setting aside the assignment [of the asset] as fraudulent” Till v. [read post]
12 Aug 2022, 5:55 am by Nicholas Rasmussen
Five years ago today, white supremacist extremists from across the United States traveled to Charlottesville, Virginia for the “Unite the Right” rally. [read post]
11 Aug 2022, 5:49 pm by Rebecca Tushnet
It is covered by 230, including the immunity for user-supplied content, not just the good faith (c)(2) provision, and it should be. [read post]
11 Aug 2022, 3:41 pm by Rebecca Tushnet
Social uses are similarly aspirational but less meaningless b/c they have discursive meaning. [read post]
11 Aug 2022, 12:26 am by Florian Mueller
While Epic hasn't yet filed a notice of who will be its lead counsel, I presume--based on the appellate briefs--that Thomas C. [read post]
9 Aug 2022, 6:42 am
Section 2(b) is a complete bar to registration of a mark that "[c]onsist of or comprises the flag or coat of arms or other insignia of . . . any State or municipality .... [read post]
7 Aug 2022, 11:47 am by Bill Henderson
A good example is a 61-page memo titled “Populism: The Phenomenon,” which was published on March 22, 2017 as part of Bridgewater’s Daily Observations newsletter. [read post]
6 Aug 2022, 11:55 pm by Frank Cranmer
Following the significant interest generated by the post by Professor Mark Hill QC, Principles of Canon Law and the Mind of the Anglican Communion, we have been following events at the Lambeth Conference with renewed interest. [read post]
4 Aug 2022, 10:05 pm by Jeff Richardson
  This all stems from a rumor reported by Mark Gurman of Bloomberg, so it may not be true, but there have been interesting discussions about whether, if true, this is a good or bad thing. [read post]
4 Aug 2022, 4:03 am by Keith Mallinson
 Cellular Vehicle-to-Everything (C-V2X) technologies include many features that can improve safety on the road and help enable or enhance Advanced Driver-Assistance Systems (ADAS) and Automated Driving Systems (ADS). [read post]