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22 Jun 2016, 11:07 am by NBlack
. ***** Manhattan Judge Misses Mark On Gender Discrimination Claim My regular readers know that I typically focus on the intersection of law and technology in this column. [read post]
22 Jun 2016, 11:07 am by NBlack
. ***** Manhattan Judge Misses Mark On Gender Discrimination Claim My regular readers know that I typically focus on the intersection of law and technology in this column. [read post]
28 Jan 2020, 5:41 am
Whilst that case law had been developed in relation to 3D trade marks consisting of appearance the goods themselves, the Louis Vuitton case highlighted that it would equally apply to figurative marks consisting of a 2D representation of that product. [read post]
31 Mar 2008, 1:25 am
US case: "Smart Money Clip" Out-law.com provides a report on this case (link above). [read post]
14 Nov 2007, 2:04 pm
Here’s an announcement that 1.8 million pages of US case law are soon to be available online for free under a CC licence, and will be explicitly marked as public domain. [read post]
20 Jun 2009, 2:09 pm
These cases don't fall under the scope of the UDRP or zaDNA's ADR process and instead fall under the individual service's terms of service and possibly the relevant trade mark law. [read post]
1 Mar 2010, 8:06 am by Hunter Biederman
Bill over at the CCO is keeping us up to date on the Mark Bell case. [read post]
24 Feb 2011, 2:40 am by sally
Ineos Healthcare Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Teva Pharmaceutical Industries Ltd, other party) (Case T-222/09); [2011] WLR (D) 53 “In opposition proceedings against registration of a trade mark pursuant to article 42 of Council Regulation (EC) No 40/94, the opposing party was not obliged to adduce evidence in support of the opposition. [read post]
1 Oct 2021, 1:45 am by Nedim Malovic
It annulled the examiner’s decision and remitted the case back to the examiner to determine whether the trade mark had acquired a distinctive character through use in accordance with what is now Article 7(3) EUTMR. [read post]
11 Jul 2007, 2:46 pm
Many of us would like to leave a mark on the law -- our own little precedent that in some way, large or small, changes the outcome of a case or the way law is practiced. [read post]
18 Apr 2016, 2:23 pm by Andrew Dixon
Third, this case is a reminder that there is a “special circumstances” exception to non-use which can be used to preserve registrations. [read post]
1 Dec 2011, 4:30 pm by Benjamin Wittes
Alas, Brigadier General Mark Martins, now the chief prosecutor of the military commissions, can’t blog for Lawfare any more, as he did when he was in the field in Afghanistan. [read post]
21 Feb 2022, 9:15 am by Eileen McDermott
Charles Bertini, owner of the trademark APPLE JAZZ, has filed a Request for Reconsideration of a Trademark Trial and Appeal Board (TTAB) Order suspending his Petition to Cancel Apple’s registration of the mark APPLE for entertainment services. [read post]
6 Jan 2022, 4:18 am by Bettina Clefsen (b/cl IP)
A decision of the German Federal Patent Court dated 13 September 2021 (Case 26 W (pat) 20/20) shows the sometimes thin line between likelihood of confusion and exploitation of the reputation when earlier reputed marks are involved. [read post]
24 Feb 2015, 3:06 pm
In such a case, it is inherently likely that there will be confusion, and this is an important protection for trade mark owners, especially in counterfeit cases. [read post]
24 Jun 2008, 11:55 pm
  Plaintiff alleges its marks are famous because Plaintiff has registered its marks, engaged in substantial advertising, and conducts business in some form under the ALFA marks nationwide. [read post]
15 Dec 2019, 11:48 am
Could such a decision, which is in any case limited to the proof of the genuine use, be seen as a sort of embryonic step to the further development of the functions of trade mark? [read post]