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23 Nov 2023, 6:58 am
Below, you’ll find a weekly summary of what happened on the IPKat recently, while competent authorities were busy handing down interesting decisions in IP-related cases.Image: shutterstock.comTrade marks Kevin Bercimuelle-Chamot reviewed a recent decision of the EUIPO’s First Board of Appeal concerning an opposition to the registration as an EU word mark of “miababy”, grounded on its alleged confusing similarity with the earlier trade… [read post]
21 Oct 2016, 12:15 am
Recording studio engineers speak in hushed tones about the 1073 microphone pre-amplifier, and not just because they're habitually conditioned to keeping their voices down in the studio's control room. [read post]
8 May 2018, 6:37 am
The distinction came down to the different jurisdiction tests for UK trade mark infringement (under the Brussels I Regulation) and EU trade mark infringement (under the EUTM Regulation), notwithstanding the judge’s view that the defendant’s website was arguably targeting UK consumers. [read post]
7 Jul 2022, 4:11 am
All this said whether or not a three-dimensional shape may be registered as an EU trade mark (EUTM) does not depend on the applicant’s intention in seeking registration (unless we are dealing with bad faith), but rather comes down to inter alia whether the mark in question can sufficiently depart from the other shapes available on the relevant market.All this was recently tackled by the EUIPO Fifth Board of Appeal (the board) in a decision concerning an application… [read post]
2 Mar 2019, 2:17 am
The EU General Court (GC) answered this question in the negative in a decision handed down a few weeks ago … precisely on Valentine’s Day. [read post]
24 Apr 2009, 6:41 am
They would like for such rules on manufacture date markings to be the same across the country, and all states. [read post]
9 Dec 2008, 2:07 am
Now the veto has the effect of limiting bidding on the franchise and holding down the franchise's price. [read post]
11 Nov 2022, 4:40 am
Poesiat will wind down her duties and work one day a week as Staff Ombuds until May 2024. [read post]
10 Nov 2020, 6:03 am
“Supreme Court hears latest GOP bid to strike down Obamacare”: David G. [read post]
8 Dec 2011, 6:17 pm
MARK PERRY: Fact Of The Day: Hunting Is Safer Than Bowling. [read post]
10 Jul 2011, 3:29 pm
MARK STEYN: Selective Shaming: If Only Government Were As Accountable As British Tabloids. [read post]
21 Feb 2020, 2:00 am
But how does that break down into hard numbers? [read post]
7 Sep 2011, 10:00 pm
” Your corn may still be wet, but stalk strength is poor, and more goes down every day with a slight breeze. [read post]
9 Sep 2007, 10:12 pm
Mark Steyn throws down the gauntlet:Last week the New York Times carried a story about the current state of the 9/11 lawsuits. [read post]
29 Feb 2016, 10:20 am
The Court of Appeal decision in the Glee trade mark and passing off case was one of these cases that got bumped down her list. [read post]
Test Your TTAB Judge-Ability: Are SUN SOUL ORCHESTRA and SOUL SUN Confusable for Musical Recordings?
28 May 2014, 4:24 am
Of course, it all boiled down to the similarity of the marks. [read post]
21 Jan 2009, 4:00 am
A half-baked, watered-down effort by Outback Steakhouse led to a Section 2(d) setback as the Board dismissed an opposition to registration of the mark AUSTRALIAN OUTBACK RAIN & Design (shown below left) for "bottled drinking water" [AUSTRALIAN OUTBACK disclaimed], finding it not likely to cause confusion with the registered marks OUTBACK for beer and baked goods and OUTBACK STEAKHOUSE & Design (below right) for beer. [read post]
29 Oct 2012, 12:55 pm
Botero, The Thief, 1994Could there be more going on around us than the break down in social norms and modern cultural decline explored and deplored by the likes of Jacques Barzum in his book From Dawn to Decadence? [read post]
28 Dec 2006, 10:53 am
This is a pretty expansive view of "essentially the same," given the differences between the marks. [read post]
7 Sep 2023, 5:27 am
How does the anchor defendant mechanism operate in the realm of EU trade marks and actions on trade mark infringement? [read post]
