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8 Aug 2019, 4:17 am by Robert Margolis
The court reversed summary judgment dismissing a claim by Beach Mart, Inc. that the federal registrations owned by L&L Wings, Inc. for that mark, which Beach Mart had licensed from L&L, should be cancelled because L&L, in fact, itself was a licensee of the mark from a third-party. [read post]
20 Apr 2018, 5:34 am by Verena von Bomhard
More from our authors: Mediation: Creating Value in International Intellectual Property Disputes by Théophile Margellos, Sophia Bonne, Gordon Humphreys, Sven Stürmann € Design Rights, Functionality and Scope of Protection by Chris Carani€ 199 The post CJEU puts old seniority claims at stake: If national marks… [read post]
25 Apr 2014, 5:51 am
 If you are practising trade mark law, it's a mistake to look to Supreme Court decisions since they are atypical of whatever happens in trade mark practice. [read post]
4 Feb 2010, 4:43 am by SHG
  And so came the title of this post by Rachel Humphrey Fleet, a Seattle lawyer who attended Avvocating, Advanced Online Marketing Training for Lawyers. [read post]
23 Feb 2019, 11:28 am by Amrit Singh
The defendants were using the mark ‘Fauji’ with respect to the same products. [read post]
17 Sep 2018, 8:31 am by Sascha Abrar
The defendant manufactures and distributes motor vehicles and scale model cars under its trade mark BMW. [read post]
10 Aug 2018, 12:02 am by Cheryl Beise
The brewery’s 20 years of prior use of its mark sufficed to overcome the presumption of validity attached to the clothier’s trademark registrations. [read post]
23 May 2018, 4:00 am by Peter Schramm
Maybe the brand owner could try again to get his mark registered by showing acquired distinctiveness. [read post]
13 Apr 2007, 1:57 am
Features in this issue include* an illustrated and carefully referenced round-up by Arnaud Folliard-Monguiral (OHIM) and David Rogers (EPO) of Community trade mark case law developments during 2006 (abstract here);* a special focus by OHIM's Gordon Humphreys on proof of use, continuity of functions in inter partes proceedings and three-dimensional marks (abstract here);* "Patently designed and trade marked: MMORPGs", academician Yee Fen Lim's… [read post]
31 Jan 2020, 4:20 am by Julius Stobbs
Julius Stobbs and Michelle PhuaMany trade mark owners will rejoice in CJEU’s decision in Skykick this week as the CJEU ruled that overly broad specifications will not automatically render a registered mark invalid and that the lack of intention to use the mark at the time of its application will not necessarily result in bad faith. [read post]
The proprietor of the 3D OREO mark submitted a study on the recognition of the mark within the public. [read post]
30 Apr 2019, 4:43 pm by Erica Vaccarello
The USPTO denied registration finding the proposed mark vulgar and thus scandalous. [read post]
6 Sep 2019, 3:54 am by Louise Thorning Ahle
Generally, evidence showing use of the mark in neighbouring countries or registration of the mark internationally will not assist in the registration of the mark. [read post]
Merck Global launched infringement proceedings against Merck US in the UK for trade mark infringement on the basis of their use of MERCK on various US websites, social media posts and email addresses that Merck Global claimed were targeting the UK market. [read post]
21 Aug 2019, 11:57 pm by Robert Margolis
A jury properly found that owners and landlords of the International Discount Mall in College Park, Georgia, had at least constructive knowledge that subtenants were infringing Luxottica Group’s Ray-Ban and Oakley marks by selling counterfeit sunglasses, the U.S. [read post]
13 Jun 2019, 2:01 am by Robert Margolis
Robert MargolisDistrict court correctly held that trademark owner failed to raise genuine factual issue as to secondary meaning of the asserted mark. [read post]