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22 Jul 2024, 9:56 am
And by way of recap: Article 7(1)(c) EUTMR excludes geographical names from registration, which designate certain geographical places which are already famous or well-known or which may be used by undertakings and must be kept free for them as indications of geographical origin for the type of goods or services concerned (para 38). [read post]
22 Jul 2024, 9:56 am
And by way of recap: Article 7(1)(c) EUTMR excludes geographical names from registration, which designate certain geographical places which are already famous or well-known or which may be used by undertakings and must be kept free for them as indications of geographical origin for the type of goods or services concerned (para 38). [read post]
20 Apr 2010, 8:21 pm
They are in the same trade, and they each trade in the class of goods in respect of which the challenged mark is registered. [read post]
6 Feb 2014, 8:04 am
Is Article 5(1) and (3) of Directive 2008/95 ... to approximate the laws of the Member States relating to trade marks to be interpreted in such a way that it must be viewed as constituting “[use] in the course of trade” of a trade mark in a Member State if an undertaking enters into an agreement via a website in a third country for the sale and dispatch of goods bearing the trade mark to a private purchaser with an address known to the vendor in the… [read post]
15 Aug 2011, 3:35 am
The Board next looked to the six factors set forth in Section 43(c)(2)(B). [read post]
9 Nov 2021, 3:23 am
" Applicant argued the mark is merely suggestive because "biologic" suggests something that is biological in nature, thus making the goods more appealing to consumers by implying that they are natural and thus compatible with the human body.] [read post]
2 Mar 2018, 11:59 pm
In relation to the distinctive character, the Division stated that a mark may acquire distinctiveness as a consequence of the use of that mark as part of or in conjunction with another trade mark (C-353/03 Have a break). [read post]
2 Sep 2008, 5:54 am
I think these two opinions put a huge exclamation mark to reject the notion that courts will only tolerate passive conduits (who do nothing to police their network) or perfect editorial control, with no middle ground for courts to excuse omissions by good faith actors. [read post]
17 Sep 2018, 8:31 am
The plaintiff argued that the CJEU in Opel/Autec (case C-48/05) and the German Federal Supreme Court in Opel Blitz II (I ZR 88/08) had allegedly clarified that the manufacture and distribution of scale model cars bearing the trade marks of the original car manufacturers hardly ever constitute a trade mark infringement. [read post]
6 Apr 2016, 12:31 pm
§ 1125(c)• Count VI: Copyright Infringement, 17 U.S.C. [read post]
23 Feb 2023, 7:07 am
‘361 – “…as shown on the form of application, applied to the packaging of goods. [read post]
29 Jan 2010, 6:43 am
Genuine use in the EU has been interpreted as meaning that the mark is used in accordance with its functions, which are to guarantee the identity of the origin of the goods or services for which it is registered, to constitute a guarantee of the products/services in question, and those of communication, investment or advertising (Case C-487/07 L’Oreal SA and Bellure NV).When assessing that, regard must be had to all the facts and circumstances relevant to… [read post]
23 Dec 2014, 4:15 am
§ 1091(c). [read post]
26 Jun 2024, 3:04 am
The Board therefore concluded that Respondent "[c]arried its burden of proving that there are no genuine disputes of material fact that it had a bona fide intent to use its mark in U.S. commerce as of the application filing date and an intent to commence use in U.S. commerce during the three-year statutory period of nonuse. [read post]
21 Jul 2021, 2:17 am
The Board dismissed this Section 2(d) and 43(c) opposition to registration of the mark GOLA FOODS for "health food supplements" because opposer Goya Foods failed to submit its evidence on time. [read post]
25 Mar 2024, 6:53 am
In the meantime, the matter returned to the Hoge Raad (HR), the Dutch Supreme Court, for a final decision on 8 September 2023, a good reason for an update and overview of the outcome. [read post]
7 Sep 2011, 9:14 am
Or, failing that, Harold C. [read post]
25 Aug 2020, 12:00 am
What public is "relevant" depends, of course, on the goods or services at issue. [read post]
17 Dec 2021, 3:14 am
The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks. [read post]
9 Feb 2015, 9:58 am
Gibson: is the point to get more cases before judges b/c judges do a good job? [read post]
