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26 Oct 2023, 3:38 am
Technical or business skills or knowledge may very well be required to understand and use Opposer’s goods and services. [read post]
17 Jan 2023, 12:00 am by Hayleigh Bosher
This chapter considers the impact of the various treaties, particularly the harmonising EU Trade Mark Directive and EU Trade Mark Regulation and important European concepts such as exhaustion, online targeting, keywords and other greatest hits from the trade mark world. [read post]
16 Apr 2019, 4:30 am by David Oscar Markus
The examining attorney rejected Brunetti’s trademark application on the basis that the mark is a phonetic equivalent of a vulgar word. [read post]
23 Dec 2016, 8:11 am by Nelson Tebbe
Even without two appointments, the federal FADA may well be upheld. [read post]
7 Sep 2009, 7:36 am by Mark Keenan
It is a well-documented fact that more people have home computers and internet usage is more widespread. [read post]
8 Jul 2016, 2:54 am
The Board also noted that "Caruso" is the name of one of Applicant's founders, as well as the most important part of Applicant's trade name and of the applied-for mark. [read post]
7 Aug 2014, 10:41 am
Plaintiffs own several Fabergé trade marks in the U.S which all predate the use of ‘Faberge’ by the Brooklyn restaurateurs. [read post]
2 Jun 2013, 8:09 pm
Well, it seems that the Madrid Court of Appeal, in a decision of 20 May 2013, has confirmed that the copyright of the famous British author G. [read post]
9 Aug 2015, 9:32 am by Marty Lederman
 (And as for Mark's gentle ribbing that my analyses tend to be "focused . . . on the particular question being debated," well, I plead . . . guilty as charged. [read post]
26 Nov 2012, 12:11 pm
Last week the General Court of the Court of Justice of the European Union (CJEU) delivered a troika of trade mark judgments, but this Kat thought she would draw attention to one in particular, which generally led her to ask just how bilingual, or even multilingual, the institutions of the EU (well, the General Court and European Commission) consider the relevant EU public to be? [read post]
12 Jul 2020, 11:07 am by Magdaleen Jooste
BOOK REVIEWTrade mark laws across the globe are increasingly accepting various categories of “non-traditional” trade marks as eligible for registration and protection. [read post]
9 Jun 2014, 5:57 pm by Philip Mann
 Is Seattle CCC really "diluting" the Hershey's mark? [read post]
14 Dec 2023, 3:50 am
The Board overturned a Section 2(e)(1) refusal to register the mark GIGANTOSAUROS for, inter alia, "cartoon dissemination services, namely, streaming of video material on the Internet," finding the mark to be "merely descriptive of a featured character with the name of the type of dinosaur depicted as used in connection with Applicant’s ... services," but further finding that applicant proved that the mark has acquired distinctiveness under… [read post]
17 Sep 2019, 2:33 am
JPB Group, LLC,  2019 USPQ2d 338392 (TTAB 2019) [precedential].Busy Beauty petitioned to cancel Respondent JPB Group's registration for the mark BUSY BEAUTIES for hair care and skin care preparations, claiming priority of use of, and likelihood of confusion with, its alleged prior common law rights in the mark BUSY BEAUTY since 2016 for women's shaving gel. [read post]
14 Mar 2014, 7:20 am by Rebecca Tushnet
  The court identified the liability-producing conduct as “[t]he manner in which the information is presented, or withheld, … as well as the allegedly misleading ratings which result from such alleged manipulations. [read post]
15 Nov 2022, 3:57 am
Here, the USPTO refused to register the proposed mark BORRELLO'S for various cell phone accessories and related goods, on the ground that the mark is primarily merely a surname under Section 2(e)(4). [read post]
10 Feb 2022, 6:12 am
" The Board found that the alternative designs "do not work equally well and are not equally cost effective," and so they supported the refusal to register. [read post]
12 Aug 2015, 10:00 am
Though well intentioned, these laws often have the unintended consequence of suppressing innocent speech protected under the First Amendment. [read post]
1 Oct 2015, 4:05 am
  A vigorous tussle between the applicant to register LEXDELL as a Community trade mark for all sorts of goods and services and the owner of the well known DELL trade mark is recorded in Katfriend Laetitia Lagarde's Class 46 post here (incidentally, both parties purport to have an interest in clothing and headgear in Class 25). [read post]