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1 Mar 2021, 3:40 am
However, considering Zoomlion’s specific way of using the Z mark, i.e. covering the complex structure of large eye-catching products, the valid trade mark registration and the acquired distinctiveness, the CFI’s ruling is justified in striking the balance between the protection of established commercial goodwill and, at the same time, leaving some space for new entrants. [read post]
19 Feb 2015, 2:37 pm
Injunctive relief for Community trade mark infringement across that patchwork quilt of lands we call the European Union is a topic that has grown in interest and significance in recent years, as the attractions of blanket prohibitions on the use of a trade mark are increasingly seen as having a detrimental effect where a ban on use covers not only jurisdictions in which confused consumers need protection but those where there is no confusion at all. [read post]
3 May 2022, 5:45 am
Got you covered. [read post]
18 Apr 2018, 3:21 am
The USPTO refused registration of KRANKY KOOKYS for "individually baked cookies decorated with icing showing an image of a frowning face and sold individually" [COOKIES disclaimed], finding the mark likely to cause confusion with the registered mark KRANKY for "chocolate covered corn flakes. [read post]
3 Dec 2019, 1:30 am
Therefore, the risk that the public might believe that the goods or services in question come from the same undertaking or from economically-linked undertakings, constitutes a likelihood of confusion.The assessment must be a global one, taking into account the similarity between the marks and goods covered by the marks in question. [read post]
20 May 2020, 6:18 am
Brand owners with a broad protection shall bear in mind that when pursuing a trade mark infringement claim, their marks may be partially or wholly vulnerable to invalidity attack based on bad faith. [read post]
21 Feb 2020, 10:15 am
., affirming a ruling that Arctic Cat cannot recover pre-complaint infringement damages because its licensee failed to mark products covered by Arctic Cat’s patent claims; the USPTO relaxes a proposed rule requiring email addresses on trademark applications; the Copyright Royalty Board announces royalty rates for sound recordings transmitted by subscription services; the Department of Justice and other amici file briefs supporting Oracle at the Supreme Court in its copyright… [read post]
22 Sep 2010, 1:28 pm
Just enough procedural background to follow along with this series of posts The key legal question in Marks is whether an injury caused by the failure of a hospital bed is covered within the scope of Texas’s 2003 medical-malpractice reforms. [read post]
7 Jan 2020, 1:58 am
All the relevant facts and circumstances must be taken into account in determining whether there is real commercial exploitation of the mark, including: (a) whether such use is viewed as warranted in the economic sector concerned to maintain or create a share in the market for the goods and services in question; (b) the nature of the goods or services; (c) the characteristics of the market concerned; (d) the scale and frequency of use of the mark; (e) whether the… [read post]
23 Nov 2007, 12:55 am
I reached the "end" of the "blogosphere" and this is what I found: The "Blog" of "Unnecessary" Quotation Marks. [read post]
23 Apr 2013, 4:23 pm
Regardless of how registrant’s mark appears on its specimen of use, the Board must decide on the basis of the information appearing on the face of the registration, and so registrant’s mark covers all shades of "blue." [read post]
7 Oct 2020, 7:04 am
" Applicant Cooper Moon argued that the space in its mark creates a different cadence from the cited mark, that the products differ in nature (one being a depressant, the other a stimulant), and that pairs of third-party registrations for marks covering coffee and beer show that in this field confusion between identical marks is unlikely. [read post]
1 Jul 2016, 3:48 am
She also submitted 17 third-party registrations that individually cover both beer and wine, but only two of the marks were shown to be in actual use. [read post]
31 Jul 2007, 6:23 am
I'm thinking maybe there is a market for a trade mark version of this thing? [read post]
9 Jun 2013, 10:31 pm
Moreover, urged Applicants, the word "patch" may refer to a garden patch, or a patch on clothing to cover up a stain or a hole in a garment. [read post]
5 Aug 2009, 2:00 pm
By Mark S. [read post]
27 Jul 2020, 12:50 pm
To cover up his alleged fraud, Hopkins allegedly falsified account statements, according to the regulator. [read post]
28 Feb 2008, 12:57 pm
Mark Obbie: No, it’s not. [read post]
5 Feb 2019, 6:27 am
Especially company and trade names cause many unnecessary headaches, as they can be registered to cover “all lawful business activities”. [read post]
24 Jun 2019, 1:32 pm
While the leave is unpaid, you can use your sick time or vacation days to cover at least part of this period. [read post]
