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Guerlain, the luxury French perfume, cosmetics and skincare house, has emerged victorious in their three year-long attempt to obtain registration of a three-dimensional EU trade mark in respect of the shape of one of their lipsticks (the mark applied for shown below):     Application before the EUIPO and the Board of Appeal   The EUIPO rejected Guerlain’s application on the basis that the mark was devoid of distinctive character as they… [read post]
Guerlain, the luxury French perfume, cosmetics and skincare house, has emerged victorious in their three year-long attempt to obtain registration of a three-dimensional EU trade mark in respect of the shape of one of their lipsticks (the mark applied for shown below):     Application before the EUIPO and the Board of Appeal   The EUIPO rejected Guerlain’s application on the basis that the mark was devoid of distinctive character as they… [read post]
24 Jun 2017, 10:44 am
The BMW "Roundel"Spare parts and intellectual property have a long and complicated history, particularly as far as the car industry is concerned. [read post]
12 Mar 2013, 10:36 am by Jeffrey P. Hermes
Applications for tax-exempt status are processed inconsistently and take too long. 2. [read post]
9 Jan 2024, 4:16 am
Post submitted two declarations regarding product history (Fruity Pebbles), long use of the mark (since 1973), pictures of the product and its packaging, advertising samples, sales volume and revenues figures, advertising expenditures, unsolicited third-party references, and the results of two consumer surveys. [read post]
30 Jun 2017, 6:00 pm
 Hub Culture's intention to register VENMO as a defensive mark or "weapon" was not in line with the essential function of the trade mark (i.e. to guarantee trade origin).The Board of AppealThe decision was appealed and the Board of Appeal annulled the Cancellation Division's decision on the basis that no act in bad faith had been established because:There was no evidence that Venmo's sign had been used over a long period of time and was… [read post]
30 Jun 2017, 6:00 pm
 Hub Culture's intention to register VENMO as a defensive mark or "weapon" was not in line with the essential function of the trade mark (i.e. to guarantee trade origin).The Board of AppealThe decision was appealed and the Board of Appeal annulled the Cancellation Division's decision on the basis that no act in bad faith had been established because:There was no evidence that Venmo's sign had been used over a long period of time and was… [read post]
31 Mar 2016, 8:00 am
Aquasol Corp. first explained that when two companies seek to protect the same mark priority is determined by the first to appropriate and use the mark in commerce so long as there is an intention to make continued use of the mark. [read post]
22 Aug 2022, 9:01 pm by Austin Sarat
”The cover-up, double-talk, and trial-and-error approach that mark lethal injection’s recent history mean that problems of the kind that occurred in the James execution will keep happening. [read post]
27 Oct 2009, 10:52 pm by Herman Martinez
  How Mark McGwire is perceived will be an indicator if baseball fans really care what the players are doing legally or not so long as they produce on the field. [read post]
20 Oct 2010, 5:35 pm
In the November 2010 issue of ABA Journal magazine: The magazine's cover story, written by Mark Curriden, is headlined "The Long Shot: A Cleveland solo's life is about to change as his practice expands from a spare bedroom in his apartment to the U.S. [read post]
27 Apr 2010, 9:52 pm by Jeff Gamso
  (That's not quite true in Ohio, but the exceptions are limited.)That got Mark Bennett's talking about malpractice insurance for criminal defense lawyers and how even though they basically can't be sued, they ought to be insured anyway. [read post]
18 Jun 2024, 8:51 am by Stephen Rosenberg
In fact, Chicago plaintiff lawyer Mark DeBofsky’s recent blog post on the subject addresses the details of making such claims but, by the absence of any reference to case law on the subject, suggests to me we are still aways from such claims making their way through the court system. [read post]
28 Sep 2010, 3:06 pm by Bonny Rafel
" The Hearing featured testimony from Chicago-based attorney Mark DeBofsky, a disability law expert, as well as The Honorable William M. [read post]
11 Apr 2017, 10:24 am by Theresa Gabaldon
Kokesh’s 63-page argument (supplemented by eight amicus briefs, including one from Mark Cuban) and the SEC’s 51-page brief are briefly summarized (and slightly reorganized) below. [read post]
13 Sep 2014, 8:06 am by Thomas McAvity
I am pleased to report that attorney Mark Ditton who has long managed many of our bankruptcy cases in Portland and Salem, Oregon will be moving to Seattle this week to expand our Seattle Bankruptcy Law Office. [read post]
11 Jun 2022, 12:07 am by Riana Harvey
For long-time Apple users, followers, and fans, the phrase ‘THINK DIFFERENT’ will undoubtedly ring a bell or two. [read post]