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25 Nov 2019, 12:30 am
Beiersdorf accordingly limited the trade mark to these goods only. [read post]
12 Jun 2024, 7:14 am
[1] Montres Breguet SA & Ors v Samsung Electronics Co Ltd & Anor ([2023] EWCA Civ 1478) [2] Cases C‑148/21 and C‑184/21 – not binding on the Court post-Brexit but was persuasive because of the shared legal precedent between the UK and the EU pre-Brexit. [read post]
12 Mar 2024, 12:49 pm
The case (Extreme Durable, I ZR 205/22) focuses on whether the possession of goods abroad constitutes trade mark infringement if the goods are held for the purpose of offering them in the country where the trade mark is protected - in this case, goods stored in Spain and offered for sale on www.amazon.de, which targets German consumers. [read post]
6 May 2010, 2:12 am
” A similar conclusion was reached in Ken’s Foods Inc. v. kens.com, D2005-0721 (WIPO September 11, 2005) (): Notwithstanding the Complainant’s contention that the KEN’S mark is distinctive in relation to the particular category of goods and services for which the mark is used, it is nonetheless a personal name – “Ken” – which is also the Respondent’s given name. [read post]
7 Sep 2023, 5:27 am
Those are the questions that the Court of justice addresses in its judgment handed down this morning in the case Beverage City Polska, C-832/21. [read post]
11 Jan 2011, 9:49 pm
C. [read post]
31 Mar 2017, 7:49 am
That was chosen b/c Nike was a strong mark. [read post]
7 Mar 2023, 5:40 am
Under the Staywell approach, the three elements, namely, similarity of marks, similarity of goods or services, and likelihood of confusion arising from the two similarities, are to be assessed systematically.The first two elements are assessed individually before the final element, which is assessed taking into account all relevant extraneous factors, to the extent that they inform the court as to how the similarity of marks and goods or services will likely… [read post]
16 Jan 2021, 4:56 am
Accordingly, a low degree of similarity between those goods or services may be offset by a high degree of similarity between the marks, and vice versa (C‑39/97, Canon).The General Court concluded that, having regard to all the above considerations and given the inherent distinctiveness of the earlier mark, the Board had been correct to find that there was a likelihood of confusion. [read post]
24 Jan 2011, 12:45 pm
C&D letters do this by strongly asserting ownership of marks, how the mark is being infringed, and claiming legal causes of action. [read post]
2 Dec 2019, 12:06 pm
C-29/05 P, par. 54 and T-346/04, par. 19]. [read post]
13 Apr 2018, 2:45 pm
But still talks about the goodwill P has built up, when generic terms maybe shouldn’t have goodwill b/c they’re not marks. [read post]
15 Oct 2021, 9:00 am
Trade mark disputes with accompanying passing off claims are nothing new. [read post]
1 Jul 2024, 3:32 am
" In re Korn Ferry, Serial No. 90890949 (June 27, 2024) [precedential] (Opinion by Judge Christopher C. [read post]
15 Jul 2024, 3:04 am
Instead, the application is amended to delete the goods on which the mark had not been used. [read post]
10 May 2022, 7:47 am
Video games provides a good case in point. [read post]
26 Feb 2020, 10:59 pm
The AG’s chosen tool derived from trade mark law, where a sign will not consist “exclusively” of the shape of the goods which are necessary to achieve a technical result if there are “one or more minor arbitrary elements in a three-dimensional sign, all of whose essential characteristics are dictated by the technical solution to which that sign gives effect. [read post]
17 Dec 2018, 2:09 am
The disclaimed term LLC has no source-identifying significance.The Goods and Services: The Board acknowledged that applicant's goods and services differ from those of Opposer AmEx. [read post]
14 Mar 2020, 3:47 am
In late February, the Court of Justice of the European Union (CJEU) issued its long-awaited [the Opinion of Advocate General (AG) Bobek, on which see here, had been released in July 2019] judgment in Constantin Film, C-240/18 P, aka the Fack Ju Göhte case concerning the interpretation of the morality absolute ground in EU trade mark (EUTM) law.The decision is both interesting and important for a number of reasons, including trade mark law, the role of freedom of… [read post]
23 May 2012, 6:10 am
Now would be good. [read post]
