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14 Dec 2015, 5:00 am
When we write about non-traditional trademark enforcement here on DuetsBlog, we almost always are referring to the protection of non-traditional marks like product configurations, product containers, product packaging, color marks, scent marks, tactile marks, and other non-verbal indications of source for a product or service. [read post]
25 Feb 2016, 5:15 am
The marks at issue are word marks. [read post]
3 Aug 2009, 10:45 pm
"The Board next considered the fame of the SCHICK mark, noting that "a strong mark ... casts a long shadow which competitors must avoid. [read post]
9 Feb 2012, 1:23 pm
Under s. 12(1)(d), a trade-mark is not registrable if it is confusing with another registered trade-mark. [read post]
17 Aug 2011, 2:21 am
The literal portion of Applicant's mark, the letter combination "df," is identical in sight and sound to the registered mark. [read post]
31 Jul 2013, 1:29 am
This opposition was based on the following grounds: • Similarity to Vin & Sprit's mark ABSOLUT, registered in Morocco for goods in classes 16, 35, 41, and 43 since January 2010;• The mark ABSOLUT was previously registered in its country of origin (i.e. [read post]
14 Jan 2014, 11:38 am
A mark is merely descrptive under U.S. trademark law if it immediately conveys information about the good or service being sold in connection with the mark. [read post]
9 May 2023, 2:01 pm
Trade marks Nedim Malovic commented on the decision in T‑129/22 issued by the General Court. [read post]
20 Nov 2023, 9:15 am
Alternatively, in any case of infringement “involving” a counterfeit mark, the Act provides for awards of statutory damages of up to $200,000; it provides for statutory damages of up to $2,000,000 if the use of the counterfeit mark was willful. 15 U.S.C. [read post]
6 Jan 2014, 9:08 pm
You just need a bona fide intent to use the mark here. [read post]
18 Sep 2017, 6:36 am
Weatherall, The Consumer as the Empirical Measure of Trade Mark Law, The Modern Law Review, Vol. 80, No. 1, pp. 57-87, 2017Although consumer responses to signs and symbols lie at the heart of trade mark law, courts blow hot and cold on the relevance of empirical evidence – such as surveys and experiments – to establish how consumers respond to alleged infringing marks. [read post]
14 Apr 2023, 5:15 am
Both marks cover real estate services, but Charger amended its application to specify residential real estate services, whereas the earlier mark specified services related to commercial real estate property. [read post]
17 Jul 2014, 9:19 am
A draft Trade Marks Bill is reported to be currently before Parliament. [read post]
23 Nov 2023, 6:58 am
Below, you’ll find a weekly summary of what happened on the IPKat recently, while competent authorities were busy handing down interesting decisions in IP-related cases.Image: shutterstock.comTrade marks Kevin Bercimuelle-Chamot reviewed a recent decision of the EUIPO’s First Board of Appeal concerning an opposition to the registration as an EU word mark of “miababy”, grounded on its alleged confusing similarity with the earlier trade mark… [read post]
14 Apr 2023, 5:15 am
Both marks cover real estate services, but Charger amended its application to specify residential real estate services, whereas the earlier mark specified services related to commercial real estate property. [read post]
11 Mar 2015, 9:39 am
Cogan that the mark PHOTOGREFER is merely descriptive of "online referrals in the field of photography," under Section 2(e)(1). [read post]
7 Sep 2017, 8:38 am
Matal, Civil Action No. 1:16-cv-425-LMB-IDD (August 6, 2017).On cross-motions for summary judgment, the district court ruled that TLDs are generally source-identifying, and that a mark composed of a generic SLD and a TLD "is usually a descriptive mark eligible for protection upon a showing of secondary meaning. [read post]
30 Sep 2015, 9:36 am
In addition to his studies, Mark will assist LL.M. [read post]
11 Aug 2015, 6:29 am
Mark owners often claim that the use of their marks in movies or on merchandise will lead consumers to believe that their companies have approved these other products. [read post]
5 Dec 2013, 6:36 am
Carried over from a previous case: the burden is on the senior user to provide “proof that the use of the later mark is or would be detrimental to the distinctive character of the earlier mark requires evidence of a change in the economic behaviour of the average consumer of the goods or services for which the earlier mark was registered consequent on the use of the later mark, or evidence of a serious likelihood that such a change will occur in the… [read post]
