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9 Apr 2024, 4:07 am
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods/services. [read post]
3 Apr 2024, 10:08 am by fjhinojosa
Corn’s article Should the Best Offense Ever Be a Good Defense? [read post]
3 Apr 2024, 3:44 am
The Board found the mark to be too dissimilar to the KATE SPADE word mark and the "spade logo" mark to support Kate Spade's Section 2(d) likelihood-of-confusion and Section 43(c) dilution-by-blurring claims. [read post]
2 Apr 2024, 12:56 pm by admin
Nelson, and Uri Simonsohn, “False-Positive Psychology: UndisclosedFlexibility in Data Collection and Analysis Allows Presenting Anything as Significant,” 22 Psychological Sci. 1359 (2011). [4] C. [read post]
 However, he went on to explain that the decision is perhaps less surprising when it is borne in mind that the judge had found on the evidence that: (a) the Wordless Mark had become distinctive of Lidl through use of the Word with Text; (b) that the Tesco Signs would call the Mark with Text to mind, and (c) and that it is common ground that Lidl have a reputation for low prices. [read post]
2 Apr 2024, 4:50 am by Annsley Merelle Ward
Reflections on FRAND 2023 marked a slight shift from the SEP-owner favourable position in the UK which followed Unwired Planet. [read post]
2 Apr 2024, 1:00 am by Anna Maria Stein
   Previously, the applicant had also filed the figurative trade mark application no. 17976258 for the same goods covered by the position mark. [read post]
28 Mar 2024, 4:21 am
Pointing to its 83 third-party registrations, C&D argued that the evidence "suggests that soda pops are instead the types of goods that are typically sold under the same mark … by distinct owners" and "overwhelmingly suggests that the respective industries have agreed that soda pop/soft drinks and beer are not related. [read post]
27 Mar 2024, 3:47 am
Russell, Serial No. 90432695 (March 25, 2024) [not precedential] (Opinion by Judge Cynthia C. [read post]
25 Mar 2024, 6:53 am by Julius Stobbs (Stobbs IP)
In the meantime, the matter returned to the Hoge Raad (HR), the Dutch Supreme Court, for a final decision on 8 September 2023, a good reason for an update and overview of the outcome. [read post]
25 Mar 2024, 4:58 am by Marcel Pemsel
In 2020, New Yorker Marketing & Media International GmbH (‘New Yorker’) filed invalidity applications against BIW’s trade marks, alleging that they lacked distinctiveness and were descriptive at the filing date (Art. 7(1)(b) and (c) EUTMR). [read post]
24 Mar 2024, 8:50 am by Nedim Malovic
This has created a market where the distinction between inspiration (homage=good) and copying (theft=bad) is sometimes difficult to apply. [read post]
23 Mar 2024, 10:13 am by Larry
 19 USC 1504(d) and 19 CFR 159.9(c)(2). [read post]