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3 Apr 2013, 7:43 pm
She also thought the referring court should also keep in mind that where the same goods were involved, the association was going to be made very quickly with the goods of the well-known mark. [read post]
25 Sep 2015, 7:41 am
TOP Logistics and Others [2015] CJEU C-379/14 confirms the principle of Zino Davidoff SA v A & G Imports Ltd [2002] CJEU C-414/99, that goods stored in a warehouse (in this case, Bacardi rum) constitute imported goods as soon as they leave the customs arrangement. [read post]
27 Aug 2018, 3:11 pm by Afro Leo
  They might be similar goods in a sense, but the restriction of the specifications to high-heeled shoes is probably fatal. [read post]
20 Jun 2023, 8:58 am by Marcel Pemsel
In its latest judgment, LM (Demande reconventionnelle en nullité) (case C-654/21), the CJEU had the opportunity to further develop its case law on counterclaims for invalidity and revocation in response to an infringement action of an EU trade mark (see Art. 124(d) EUTMR and Art. 128 EUTMR). [read post]
8 Feb 2019, 4:06 am
”Finally, the Board noted that the alliterative use of the letter “C” as the first consonant in both terms of the CANNABIS CANNIBALS mark, “while not dispositive in and of itself, adds to the character of the mark. [read post]
21 Mar 2024, 3:53 am
In re Sheet Pile, LLC, Serial No. 97010763 (March 19, 2024) [precedential] (Opinion by Judge Christopher C. [read post]
21 Jun 2023, 5:06 am
" We know that when the marks are identical, a lesser degree of similarity between the involved goods is needed to support a likelihood of confusion refusal. [read post]
25 Sep 2016, 3:24 am
  Under this Article, a mark can be revoked for non-use over a continuous period of five years, genericide, or use which has caused the mark to be misleading as to the nature, quality or geographical origin of those goods or services. [read post]
30 Oct 2010, 8:12 am by Steve Statsinger
It had already relieved the attorney alleged to be ineffective and thus had “no good reason to postpone inquiry” into the merits of Marks’ claim. [read post]
3 Jul 2013, 11:00 am by Shouvik Kumar Guha
Section 9(1)(C) also prohibits registration of the mark as it consists exclusively of a mark that has become customary in the current language and established trade practice to be used as “brand imagery” to puff or allow the quality of the product marketed. [read post]
25 Mar 2022, 6:20 am by Riana Harvey
This would not lead to a finding of likelihood of confusion as, even with identical goods, this would not offset the low to medium degree of similarity of the marks. [read post]
24 Aug 2012, 5:26 am
After-the-fact DL roadblock empirical data was good enough to support the roadblock under Brown and Sitz. [read post]
4 Sep 2023, 9:02 am by Marcel Pemsel
It is decisive how the relevant public perceives the sign if it were used as a trade mark for the goods or services claimed. [read post]
5 Jun 2009, 3:47 am
Following a new appeal to The Court of First Instance, which repealed the decision of the Appellate Court with the following arguments: 33 Furthermore, with regard to the conditions for revocation laid down by Article 12(2)(b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1), whose normative content is, in essence, the same as that of Article 50(1)(c) of Regulation No 40/94, the… [read post]
28 Apr 2017, 3:06 am
Marine Corps, USMC or Marines).Nor did opposer meet the second or fourth prongs of the Section 2(a) test: there was no evidence that applicant's mark points "uniquely and unmistakably" to opposer, and there was no evidence that opposer's name or identity is of sufficient fame or reputation that applicant's goods would presumably evoke a connection with opposer.Section 2(a) Deceptiveness The Section 2(a) deceptiveness bar requires that a term misdescribe a… [read post]
31 Jan 2010, 10:50 am
Merpel's not so sure: she still wonders about the European Court of Justice references in Case C-283/01 Shield Mark and Case C-273/00 Sieckmann, where the principal actors were IP practitioners themselves. [read post]
1 Oct 2018, 8:10 am
Vampire Squid Cards, LLC, Opposition No. 91225576 [Opposition to registration of the mark CRABS AGAINST HUMIDITY, in standard character and logo form, for "Card games; Game cards" on the grounds of Section 2(d) likelihood of confusion and Section 2(a) false association with, and Section 43(c) likelihood of dilution of, the registered mark CARDS AGAINST HUMANITY for "Card games; Game cards. [read post]
21 Aug 2020, 12:30 pm by Rebecca Tushnet
A: think it doesn’t matter b/c we still get the benefits [that happens all the time in traditional expressive media: biographies or magazine articles taking advantage of something popular, and we think that’s a good thing]. [read post]
30 Apr 2020, 3:19 am by Nedim Malovic
The colour green will underline the perception to the public that the goods bearing the mark are of Irish origin supported by the fact that the goods can also be produced in Ireland.The Grand Board therefore reasoned that Spanish-speaking consumers will establish at once a direct connection between the meaning of ‘LA IRLANDESA’ and a quality of these goods, namely, their geographic origin. [read post]