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9 Dec 2013, 3:39 am
Opposer's dilution-by-blurring claim was dismissed: its proof of fame in the Section 2(d) context fell short, and so it perforce could not meet the higher standard for proof of fame under Section 43(c). [read post]
28 May 2020, 12:05 am by Léon Dijkman
According to Nestlé, this mark is devoid of any distinctive character and consists exclusively of signs that may serve to designate characteristics of the goods, as per Arts. 7(1)(b) and 7(1)(c) EUTMR. [read post]
3 Nov 2009, 9:47 pm
A C-rated Republican also unseated an F Democrat incumbent. [read post]
12 Aug 2013, 12:30 am
 The next instalment of the Case of the Problem that Refuses to Be Solved is taken up by Katfriend Keith Gymer (Page Hargrave), who writes as follows: As is now well known, the CJEU ruling in IP TRANSLATOR stated that: An applicant for a national trade mark who uses all the general indications of a particular class heading of the Classification referred to in Article 1 of the Nice Agreement to identify the goods or services for which the protection of the trade mark… [read post]
7 Nov 2014, 2:40 am
 Genericide Is No Laughable Matter Trade Mark Dilution ClaimPlaintiff also claims that Defendant’s unauthorized use of the famous crayola trade mark dilutes it, in violation of Section 43(c) of the Lanham Act. [read post]
28 Feb 2024, 2:08 am by Bettina Clefsen (b/cl IP)
The goods were advertised using the claimant’s German word-/device trademark “ED” and “EXTREME DURABLE” (“EXTREME DURABLE-marks”). [read post]
5 Dec 2015, 1:06 pm by Gene Takagi
Recommended Reading Mark Zuckerberg’s Philanthropy Uses L.L.C. for More Control (New York Times) Assessing Mark Zuckerberg’s Non-Charity Charity (Atlantic) How Mark Zuckerberg’s Altruism Helps Himself (Pro Publica) Mark Zuckerberg wants to change the world, again. [read post]
4 Mar 2018, 4:31 am
It held that Barilla’s trade marks should be considered well-known within the meaning of Article 20(c) of the Italian Industrial Property Code, and that the defendant’s behaviour had resulted in the taking of an unfair advantage of their repute. [read post]
12 Jun 2019, 6:05 am
With an application filed in December 2012 Mr Carlos Moreira sought to register the word mark “Neymar” as an EU trade mark (EUTM) for goods in class 25 (clothing, footwear, headgear) of the Nice Classification. [read post]
22 Dec 2022, 8:58 am by Verena von Bomhard (BomhardIP)
However, reputation is not a prerequisite for applying the CHIEMSEE criteria (C-108/97 & C-109/97, 4 May 1999). [read post]
11 Oct 2015, 2:37 pm
Under s.11 TMA 1994, a registered trade mark is not infringed if the mark is used to describe the characteristics of the goods, provided that the use is accordance with honest practice in commercial matters. [read post]
12 Jun 2014, 2:21 am
"As to the second point, the evidence did not establish that consumers would perceive the designation “Benedictine” as indicating that the beer possesses any particular attributes, or that BENEDIKTINER merely describes the traditions, recipes or techniques underlying the brewing of Applicant’s beer.As to the third point, "the fact that the mark tells consumers that the entity selling the goods profits from the sales does not make the mark… [read post]
21 Jan 2013, 9:55 am
 The Court of Justice of the European Union's ruling in Case C-307/10 Chartered Institute of Patent Attorneys (better known by the name of the trade mark applied for in that case, IP TRANSLATOR) last year does involve European law, it's true. [read post]
6 Feb 2018, 2:51 am
In re El Galan, Inc., Serial No. 86961428 (February 1, 2018) [not precedential] (Opinion by Judge George C. [read post]
10 Feb 2024, 4:24 am by Alessandro Cerri
 Photo: Eli DukeLack of genuine useMoving to genuine use, the crux of Noah Clothing's argument related to the fact that the majority of the pictures shown in Mr Noah's evidence seeking to show genuine use of the Mark, showed goods bearing the Second Mark instead. [read post]
8 Feb 2024, 4:25 am
Afrebay, Inc., Opposition No. 91266958 (January 29, 2024) [Not precedential] (Opinion by Judge Christopher C. [read post]
7 Aug 2024, 4:17 am
Allbright has been selling goods under its mark via a website that U.S. consumers may access and it filed its first application 11 years ago. [read post]
16 Jan 2013, 9:34 am
  And, according to her, this is apparently by no means an easy task, following the (in)famous decision of the Court of Justice of the European Union in Case C-307/10 IP Translator [on which see Katposts here, here and here] and the subsequent changes which the Office for Harmonisation in the Internal Market (OHIM) made to its trade mark filing system whereby Community trade mark applicants must expressly indicate whether they intend to cover all the… [read post]