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14 Nov 2022, 3:19 am
"Given the nature of Applicant’s use on the specimens at issue, the prior registration does not convince us that #LAW functions as a service mark in the case before us. [read post]
13 Feb 2017, 1:09 am
The fallout from the Court of Justice's decision in the Kit Kat shape mark case" in ABA's landslide magazine. [read post]
20 Sep 2015, 11:28 pm
I had indicated already in my comment of 30 August 2015 on the opinion of AG Wathelet, that Colloseum is the key to this case too. [read post]
10 Dec 2013, 11:06 am
The defendant didn't get its own way entirely, however, since its challenges to the validity of IPC Media's trade mark based on its use being liable to be prevented by an earlier unregistered mark under s.5(4) of the Trade Marks Act 1994, on the mark lacking distinctive character and on non-use, were dismissed. [read post]
6 Jul 2020, 4:35 pm
Case Background In 2011 and 2012, the USPTO rejected four trademark applications for BOOKING.COM, filed by the travel and hotel booking company, Booking.com. [read post]
4 Mar 2013, 5:33 am
In some cases, I recommend that client’s hire a professional trademark searcher who will look at USTPO trademarks (both dead and active), state trademark registrations in all 50 states, Internet searches, ownership of website domains (even if inactive), and other public records. [read post]
6 Mar 2011, 1:30 pm
"Managing a multi-claimant case using 468B trusts and protecting the rights of your clients", presented by Mark Wahlstrom, President of Wahlstrom Associates, experts in taxable damage litigation management. [read post]
12 Apr 2016, 11:13 am
Varellas & Varellas has reached the largest settlement with the Lexington-Fayette Urban County Government since at least 2005 in a premises liability case on behalf of a man who fell in a construction pit that the Plaintiff alleged was improperly marked since it failed to warn of the depth of the pit or the danger to those near it. [read post]
13 Apr 2016, 6:30 am
Varellas & Varellas has reached the largest settlement with the Lexington-Fayette Urban County Government since at least 2005 in a premises liability case on behalf of a man who fell in a construction pit that the Plaintiff alleged was improperly marked since it failed to warn of the depth of the pit or the danger to those near it. [read post]
3 May 2016, 5:08 am
Mark Janus, et al. v. [read post]
28 Oct 2007, 9:51 am
Office for Harmonisation in the Internal Market (C-238/06 P), this squeeze bottle was devoid of the distinctive character required for European trademark registration, regardless of its registration as a mark in Germany: 79 According to consistent case-law, the distinctive character of a trade mark within the meaning of Article 7(1)(b) of Regulation No 40/94 means that the mark in question makes it possible to identify the product in respect of which… [read post]
4 Jan 2021, 3:42 am
Cir. 1994)).If the party claiming abandonment proves nonuse of the mark for 3 consecutive years, a prima facie case of abandonment is established. [read post]
13 Jan 2016, 10:00 am
Facts: In this case (Larry Crouch, et al., v. [read post]
17 Aug 2011, 2:21 am
In any case, the Board noted, even weak marks are entitled to protection against registration of confusingly similar marks for overlapping goods. [read post]
13 Nov 2008, 12:00 pm
In short, I think this case was a bit closer than the Board made it out to be. [read post]
8 Nov 2010, 3:30 am
" The SM symbol merely indicates that Applicant intends to claim that the designation is a service mark, not that the public perceives the term as a source indicator.The letters BEEMSS are not associated with the recited services; they are simply an abbreviation of a group of attributes that Gateway measures in evaluation a member's access to health care.And so the Board affirmed the refusal to register.TTABlog comment: I think this case falls in the WYHA? [read post]
23 Mar 2010, 4:16 pm
Today, the Court confirmed that Google has not infringed trade mark law by allowing advertisers to bid for keywords corresponding to their competitors’ trade marks. [read post]
24 Nov 2014, 8:30 am
In case you don’t know, I started this blog as a method to publish a legal novel—written all in one month, November 2009, as part of a national novel-writing effort. [read post]
24 Feb 2020, 2:06 am
The letter in that case and its clone in Dahle did so. [read post]
17 Mar 2009, 3:15 am
" In this case, the degree must be considered as "minimal. [read post]
