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19 Apr 2019, 2:56 am
Plaintiff Halo Lifestyle sought a ruling that its HALO SPORT mark did not infringe on defendant's HALO FARMS marks, claiming that defendant's actions, including the filing of notices of opposition, suggested that defendant will bring a legal action for trademark infringement, and therefore that a case or controversy existed as to the issue of infringement. [read post]
16 Feb 2024, 7:19 am
” However, the Noerr-Pennington doctrine didn’t apply to this case at this stage of the litigation. [read post]
28 Oct 2019, 6:00 am
In the seventh chapter, Notice and takedown and its impact on legitimate third-party uses of trade marks, the author identifies four categories of notices of infringement; clear-cut cases, context specific cases, trade mark bullying an frivolous assertions and he discusses the interplay between third-party use and free speech rights. [read post]
17 Sep 2020, 9:32 am
In that case, Packet Intelligence, LLC v. [read post]
5 Sep 2016, 7:09 am
But District Attorney Mark Skurka said that presented an issue because the misdemeanor prosecutors can't be in two places at once. [read post]
29 Nov 2009, 9:56 pm
The IPKat continues to receive correspondence concerning Case C-181/09 Canon Kabushiki Kaisha v IPN Bulgaria OOD, a reference for a preliminary ruling on European trade mark law from the Sofiyski gradski sad (Bulgaria) which the Court of Justice of the European Communities (Fifth Chamber) declared to be "manifestly inadmissible". [read post]
11 Jan 2011, 6:04 am
While there is little doubt a Twitter account has value for a brand and trade mark holder, it will be interesting to see how a court handles a case in which a trade mark owner seeks some sort of protection for its trade mark via Twitter. [read post]
1 May 2015, 1:30 pm
The Court referred again to the case-law requesting that the slogan be more than a customary promotional message but that it also show a certain originality to serve as a trade mark. [read post]
10 Jul 2019, 4:38 pm
Could it be said that the EUIPO adopted in the case at hand a less liberal vision of public morality and disregarded the freedom of expression realised by the contested trade mark? [read post]
23 Feb 2016, 4:41 am
The facts of this case? [read post]
9 Sep 2019, 9:15 am
As for the internet claims, NG argued that the claim wasn’t plausible because, when a product carries both proper and false patent markings, a plaintiff must show specifically that the falsely marked patents caused it harm, and that it definitely practiced one patent, the ‘999. [read post]
6 Sep 2019, 4:15 am
The judgment in Case C172/18 AMS Neve Ltd, Barnett Waddingham Trustees, Mark Crabtree v Heritage Audio SL, Pedro Rodríguez Arribas addresses questions concerning jurisdiction, in... [read post]
25 Feb 2017, 9:42 am
or the Ben Affleck filmArgos accepted that without the display of Google adverts it had no case on targeting. [read post]
16 Jul 2012, 12:28 am
It's a little while since the IPKat wrote about any trade mark cases involving the registration of slogans. [read post]
14 Jun 2012, 6:25 am
According to Intermar this was a simple case of "similar mark" + "identical goods" + "likelihood of confusion" under Article 8(1)(b) of the CTM Regulation 40/94. [read post]
2 Sep 2022, 7:07 am
The referring court doubts whether the case law up to this point may support the idea that affixing a trade mark to a part other than a wheel cover should be regarded as having no origin function. [read post]
1 Nov 2011, 6:56 am
Pier 1 requiring plaintiff Alexsam to mark gift cards. [read post]
3 Aug 2020, 7:26 am
With respect to Applicant’s existing registrations, the TTAB acknowledged that, “inappropriate cases,” ownership of registrations of the “same mark” may be accepted as prima facie evidence of distinctiveness “if the goods or services are sufficiently similar to the goods or services in the application. [read post]
17 Jul 2015, 7:24 am
(2) If Question 1 is answered in the affirmative, must it then be accepted that in circumstances such as those in the case at issue, the mere presence in a Member State of such goods (which have been placed under a duty suspension arrangement in that Member State) does not prejudice, or cannot prejudice, the functions of the trade mark, with the result that the trade mark proprietor which invokes national trade mark rights in that Member State cannot oppose… [read post]
8 Oct 2009, 6:47 am
But do you gain respect and reputation by pursuing bad cases? [read post]
