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1 Jun 2022, 10:11 am
On appeal, the Federal Circuit has affirmed — The Whisky mark is cancelled, and Barclay’s mark remains. [read post]
30 Jan 2023, 4:50 am
The court’s decision follows the logic of two recent Supreme Court cases on point: Tam (the SLANTS – disparaging marks) and Brunetti (FUCT – scandalous marks). [read post]
2 Feb 2010, 10:13 am
Times reports of a trade mark dispute between Apple and Japanese Fujitsu’s over the mark iPAD (in relation to class 9 goods). [read post]
10 Apr 2009, 3:52 am
But plaintiff did not register the Japonais mark. [read post]
29 Jul 2008, 11:00 am
Consumers familiar with the ZABAR'S mark are not likely to notice that the "R" is absent from Applicant's mark. [read post]
20 Dec 2012, 7:00 am
The court denied defendant's motion for summary judgment that plaintiff was estopped from asserting noninfringement under the patent marking estoppel doctrine. [read post]
21 Jan 2009, 2:35 am
PIL also alleged that LeapFrog sent PIL cease and desist letters warning that LeapFrog's earlier use of the POINGO mark gave it priority in the mark. [read post]
7 Aug 2018, 1:16 am
The placing of new marks on the goods also, according to the court, adversely affects the functioning of the original mark in the EU. [read post]
7 Aug 2018, 1:16 am
The placing of new marks on the goods also, according to the court, adversely affects the functioning of the original mark in the EU. [read post]
25 Jul 2017, 1:12 am
Even if the mark is a 'position mark', which some parties argued it was, it doesn’t prevent that mark from consisting of the shape of the goods (i.e. the color). [read post]
25 Nov 2013, 7:45 pm
The Starbucks Marks are so highly recognizable that they are considered famous trade marks for the purposes of trade mark law. [read post]
5 Jun 2020, 4:12 am
Applicant Fan argued that many registered marks include the word SOCKS, but she provided no evidence of use of those marks. [read post]
2 Nov 2021, 1:29 am
First, the offending sign must be similar to the registered mark ("Similar Mark Element"). [read post]
1 May 2024, 3:31 am
The grounds relied on in support of the Opposition were those in Article 8(1)(b) and (5) of the EU Trade Mark Regulation 2017/1001 (EUTMR), namely that an application to register an EUTM will be refused where the mark applied for is identical or similar to an earlier trade mark and there is exists a likelihood of confusion, or where the use without due cause of the trade mark applied for would take unfair advantage of, or be detrimental to, the distinctive… [read post]
28 Jul 2024, 7:08 am
However, an additional trade mark, which is clearly perceptible as such, will cause consumers to doubt that the stripe pattern is a trade mark. [read post]
6 Dec 2009, 3:12 pm
Any actual association between the mark or trade name and the famous mark. [read post]
8 Apr 2021, 7:18 am
These marks, known as “deadwood,” block a new mark’s application for a similar mark despite the fact that the old one was abandoned. [read post]
21 Dec 2010, 1:59 am
As to the marks, since the goods are identical, the degree of similarity of the marks necessary to support a likelihood of confusion finding is decreased. [read post]
12 Aug 2009, 11:01 pm
Moreover, being an advocate of the distinctiveness of telescoped marks, I'm not sure I would have found the marks sufficiently similar. [read post]
17 Aug 2007, 4:34 am
The stars in the applied-for mark are not sufficient to distinguish the marks: they are merely background material, and tend to "reinforce" the component "USA. [read post]
