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11 Jul 2023, 5:53 am
Under the Rogers two-part balancing test, a trademark used in an accused “expressive” work (such as a novel, movie or TV series) will not be a trademark infringement if the accused mark has any possible “artistic relevance” to the message expressed and so long as the accused mark does not “explicitly mislead” as to the source of the defendant’s work. [read post]
1 Oct 2013, 4:13 am
Again, trade marks industries end in first place. [read post]
6 Mar 2023, 5:35 am
NFs are selectively expressed in the nervous system and are found at the highest levels in long projection axons. [read post]
17 Jun 2013, 8:36 am
However, presumably as a result of the lobbying power of its own, long-established, wine producers, the US authorities have been reluctant to limit the exclusive use of the Champagne mark to the French producers. [read post]
27 Mar 2019, 10:42 am
This means that the phonetic comparison of trade marks will have an increased importance in trade mark comparison. [read post]
14 Mar 2016, 3:23 am
It's about the long-running litigation over the (in)famous Louboutin red soles. [read post]
25 Feb 2019, 8:33 am
Instead, the allegation was merely that Russian TV displayed Channel One’s marks. [read post]
10 May 2020, 2:32 am
It is] irrelevant whether such elements are necessarily part of a building or the individual furnishing elements are simple, common or have been already employed in the interior design sector, as long as [the project] results from an original combination, which is not imposed by choices of the author aimed at solving a technical-functional problem. [read post]
10 Aug 2015, 3:14 pm
Market research initiated by the German Trade Mark Association (Markenverband) as long ago as 2004 came to the conclusion that 77% of German consumers were convinced that Aldi offered "second brand" products to a significant share of its whole assortment (26%). [read post]
26 Mar 2018, 9:14 am
The IPKat has finally is able to enjoy the abundance of sunny spells, promising that the long-awaited springtime is nigh! [read post]
28 Nov 2017, 2:13 pm
That was the case with Gonzalez's predecessor Mark Skurka. [read post]
6 Oct 2022, 4:05 am
[No] Section 2(f) - Acquired Distinctiveness:Lotus-Shaped Acupressure Mat Product Design Lacks Acquired Distinctiveness and Fails to Function as a Service Mark Precedential No. 18: TTAB Denies LAGUNA CANDLES Cancellation Petition, Finding Acquired Distinctiveness and No Claim Preclusion TTAB Denies Cancellation Petition for Failure to Prove Acquired Distinctiveness of Petitioner's Common Law Marks Genericness:TTAB Reverses Genericness Refusal of "DOCK BLOCKS"… [read post]
21 Apr 2015, 12:21 pm
Koch and Koch Asset Management LLC (KAM) were found to have engaged in market manipulation through marking the close of three thinly-traded securities. [read post]
18 Aug 2017, 5:56 am
Part 2 | It may be use, but is it trade mark use? [read post]
28 Nov 2022, 3:34 am
Cir. 2006), upheld the USPTO’s long-standing precedent and practice of treating varietal names as generic, affirming the Board’s ruling that the term “Rebel,” as a varietal name for a type of grass seed failed to function as a mark. [read post]
31 Dec 2014, 12:50 pm
Converse was granted a trade mark on the shoe in 2013. [read post]
8 Dec 2023, 12:15 am
Art. 7(1)(e)(ii) is also not applicable to the two EUTMs and both EUTMs remain valid.CommentOur long-time readers might have a certain feeling of déjà vu. [read post]
1 Apr 2013, 5:32 am
DMC could continue to sell refrigerated produce, competing with Fresh, as long as it used another brand name. [read post]
28 Jul 2014, 7:31 am
That’s evolution, baby.* Survey evidence: Mystery Morgan brings parrot back from the deadKatfriend Aaron Wood (Swindell & Pearson) reports a recent decision in Enterprise Holdings v Europcar Group UK Limited & Another [2014] EWHC 2498 (Ch), where the Community Trade Mark Court, England and Wales, addressed the long-debated issue of surveys in IP proceedings of a trade mark.* When employee layoffs can spell trouble for your… [read post]
22 Feb 2018, 1:59 pm
Whathave they used for so long? [read post]
