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24 Nov 2019, 6:52 am
In this regard, the average consumer normally perceives a mark as a whole and does not proceed to analyze its various details (OHIM v Shaker, C‑334/05 P).In considering such distinctive and dominant elements, the Court noted that the figures in both marks are likely to represent strong or healthy people. [read post]
18 Nov 2012, 7:45 am by Schachtman
So Ortho lost the liability issue in the Wells case, which turned on historical knowledge in 1980. [read post]
7 May 2014, 2:25 am
This is what the General Court concluded, referring to Case T-418/07 LIBRO v OHIM – Causley (LiBRO), and confirming the approach adopted in Specsavers. [read post]
25 Aug 2010, 3:56 am by SHG
In a ghoulish and deeply disturbing decision, the 6th Circuit Court of Appeals, in Albrecht v. [read post]
17 Jan 2009, 9:30 pm
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7 Jan 2014, 3:01 am
Case C 445/12 P Rivella International AG v OHIM, Baskaya di Baskays Alim E.C. [read post]
12 Feb 2016, 7:59 pm
 Read with a plummy Joanna Lumley voice, Mr Arnold's decision in Actavis v Lilly [2016] EWHC 234 may be just the thing to set the mood for a romantic candlelight dinner (although, some may say it is a mood killer depending what side you are on). [read post]
8 Jun 2011, 10:00 pm by Rosalind English
This is because the question of whether a common law duty does arise depends on a number of indeterminate factors, such as the general dimensions of negligence itself (like nailing jelly to a wall),  specific considerations arising from fast changing public law principles, and considerations of the particular statutory framework. [read post]
12 Nov 2008, 6:20 am
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12 Sep 2012, 4:40 am
By Mike Dorf My latest Verdict column discusses the recent 2d Circuit decision in Louboutin v. [read post]