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11 Jun 2019, 8:47 pm by Scott McKeown
PatentsPostGrant.com June Webinar June 19 marks the 5th anniversary of the Supreme Court’s impactful decision in Alice Corp. v. [read post]
22 Dec 2014, 1:48 am by Jeremy Speres
  Essentially, there has been some debate in our courts whether the way in which a defendant might notionally use its allegedly infringing mark (as opposed to the way in which it actually uses it) is relevant in an infringement matter (see para 12.8.4 in Webster & Page). [read post]
5 Mar 2020, 11:02 am by Peter Groves
The French version of the directive looks to be referring to trade marks "of repute", which is a different matter - and Article L713-5 of the French Code refers to "une marque jouissant d'une renommée". [read post]
18 Feb 2015, 8:49 am
In assessing the marks’ strength the court relied on two considerations: (i) the marks concerned comprised common words - "divani" (which means "sofas"), whose repetition within the sign together with the presence of the ampersand could not confer originality on the marks -- in which case protection could be afforded only against an identical sign; (ii) a mark’s widespread commercial diffusion and advertisement due to its… [read post]
13 Sep 2023, 7:37 am by Unreported Opinions
Stephen’s Church, LLC (“Lumenary”), to permit construction of a memory-care facility at […] The post IN THE MATTER OF CALVARY TEMPLE OF BALTIMORE, INC., ET AL. appeared first on Maryland Daily Record. [read post]
17 Oct 2016, 3:06 am
Applicant Allstate moved to dismiss under Rule 12(b)(6) for failure to state a claim, asserting that the pleaded marks are not owned by a single entity and therefore cannot, as a matter of law, comprise a family of marks. [read post]
27 Oct 2011, 3:11 pm by war
Pacific Brands argued that the survey was a waste of time and money because: it had conceded Adidas had a reputation in the 3 stripes trade mark in Australia; and whether or not the use of the stripes on Pacific Brands’ footwear was use as a trade mark or, if it was, was deceptively similar to Adidas’ trade marks, were purely questions of law for the judge alone. [read post]
3 Apr 2019, 9:55 am
Nevertheless, the judge suggested that as a matter of good practice, the Hearing Officer should have stated his conclusions on the other grounds. [read post]
24 Apr 2012, 3:40 am
For trade marks, however, the matter is not so straightforward. [read post]
28 Mar 2022, 2:17 am by Alyson Poole (AU)
 A professional and modern logo, for example, can be created on platforms in a matter of minutes in most cases. [read post]
28 Mar 2022, 2:17 am by Alyson Poole (AU)
 A professional and modern logo, for example, can be created on platforms in a matter of minutes in most cases. [read post]
28 May 2020, 8:32 am by Ron Friedmann
Today, business acumen and legal service delivery matter as much. [read post]
5 Aug 2011, 5:08 am
Defendants filed a motion for judgment as a matter of law asserting that the plaintiff had failed to introduce sufficient evidence to support a finding that it was entitled to recover pre-suit damages because it failed to comply with the marking requirements of Section 287. [read post]
24 Dec 2016, 4:04 am
 In addition to the UK mark, this claim also alleged infringement of an EU device mark. [read post]
28 Nov 2017, 2:57 am
The moderator was IPKat’s own Eleonora Rosati (University of Southampton and JIPLP Co-Editor).The panel discussed at length the impact of the recent EU Trade Mark Regulation (EU 2015/2424): Gert Würtenberger and Marius Schneider highlighted the implications of Article 9(4) for goods in transit, whereby customs authorities will now be allowed to detain goods in transit bearing an identical/similar mark no matter where they are destined. [read post]
21 Apr 2020, 4:20 pm by Paul Bost
” According to the panel, the Supreme Court had never found that a color mark used on product packaging was incapable of being inherently distinctive as a matter of law. [read post]
3 Jul 2017, 8:46 am by Afro-Corne
 To provide a proper perspective on the matter, a brief Swedish excursion is perhaps apposite. [read post]