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23 Jul 2014, 1:10 pm
§1114 are limited to: (1) not less than $1,000 or more than $200,000 per counterfeit mark per type of goods..., as the court considers just; or(2) if the court finds that the use of the counterfeit mark was willful, not more than $2,000,000 per counterfeit mark per type of good..., as the court considers just. [read post]
22 Aug 2013, 3:47 am
The subject admission requests included 32 requests for each of fourteen marks (although The Phillies had pleaded 26 marks in all). [read post]
8 Mar 2023, 8:54 am
E.g., if he commissioned a third party to manufacture the goods with the infringing trade mark, could he start manufacturing them? [read post]
23 Oct 2007, 4:03 am
But then, you probably never heard of C. [read post]
12 Apr 2010, 8:08 am
The volume has plenty of good material, rendered into an accessible English by Danubia's Dr Tivadar Palágyi, and topics reviewed include Exhaustion of Rights, the increasingly controversial issue of genuine use of a trade mark, and the implementation of the Unfair Commercial Practices Directive. [read post]
8 Jan 2018, 3:56 am
Section 2(b) bars registration of a mark that “[c]onsists of or comprises the flag or coat of arms or other insignia ... of any foreign nation, or any simulation thereof. [read post]
27 Apr 2020, 4:52 am
On the one hand, there is no support for the CJEU’s assertion that “the fact that a trade mark has not been used does not, in itself, preclude compensation in respect of acts of infringement”, given that the CJEU recognizes that the case at hand can be distinguished from Länsförsäkringar (C 654/15) since it concerns the question of the scope of that exclusive right on expiry of the grace period where the trade mark has already been revoked.… [read post]
31 May 2022, 3:26 am
" Opposer alleged that both marks are deceptive or deceptively misdescriptive under Sections 2(a) and 2(e)(1) of the Lanham Act, falsely suggest a connection under Section 2(a), and comprise the name of a living individual in violation of Section 2(c), and further that the CREEL mark is primarily merely a surname under Section 2(e)(4). [read post]
19 Jul 2019, 1:36 am
” Here, the Board held that the identified goods are illegal under the federal Controlled Substances Act (CSA) and therefore any use of the marks in commerce would be unlawful. [read post]
24 Mar 2017, 9:00 am
Useful illustration b/c Fed. [read post]
29 Nov 2011, 8:42 pm
§ 1125(c)(2)(A). [read post]
15 Dec 2011, 11:15 am
This observation was made by analogy with the decision in Google France and Google (joined cases C-236/08 to C-238/08).The Court held that a service provider who merely fills, under an order from and on the instructions of another person, cans already bearing signs similar to registered trade marks does not itself ‘use’ those signs within the meaning of the Trade Mark Directive ‘for goods or services’ which are identical with, or… [read post]
1 Jun 2015, 11:15 am
Brown is quoted as saying, “It is a really, really good time to be in the lodging industry here in the United States. [read post]
8 May 2014, 3:45 am
Since the marks were similar and their respective goods identical, likelihood of confusion was the result. [read post]
14 Jun 2009, 1:52 am
Sex Offender Issues (C) 2006-2009, All Rights Reserved! [read post]
4 Jun 2009, 9:25 pm
Sex Offender Issues (C) 2006-2009, All Rights Reserved! [read post]
28 Oct 2013, 3:17 pm
Acceptable evidence of distinctiveness can include (a) advertising and promotional materials that specifically show or promote the applied-for mark in use as a trademark and source-identifier; (b) dollar figures for advertising devoted to such promotion; (c) dealer and consumer statements indicating recognition of the applied-for mark as a trademark; or (d) other evidence that shows consumer recognition of the applied-for mark as a trademark for… [read post]
1 May 2017, 8:28 am
“For example, the design on the clutch bags confiscated in the second seizure consists of a series of thick black ovals, some containing four smaller ovals inside forming a flower-like pattern, while the marks Coach claims are infringed consist of a series of the letter ‘C’ in bold black font. [read post]
27 Dec 2012, 4:42 am
Secondly, said Swiss, the effect of Engineering's amendment was to breach the principle established by the Court of Justice of the European Union in Case C-363/99 Koninklijke KPN Nederland NV v Benelux-Merkenbureau that the specification of goods in a trade mark application could not be restricted by reference to whether they possessed particular characteristics. [read post]
2 Apr 2019, 1:05 am
The perception of the marks by the average consumer of the goods or services in question plays a decisive role in the global assessment and that consumer normally perceives a mark as a whole without engaging in details (OHIM v Shaker, C-334/05).Having said that, with regard to the visual similarities of the signs, the GC considered that these are similar to the extent that they share a figurative element depicting an anthropomorphic animal with a round head and a… [read post]
