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19 Jan 2017, 8:08 am
Maybe that’s good policy, maybe not, but many judges will be leery of official registrations for incredibly racist marks. [read post]
31 Aug 2012, 1:21 pm
Did you know that in 1896, Roy C. [read post]
21 Feb 2018, 5:59 am
The straight parallel sides of Applicant’s goods would be essential to fitting the goods into mechanisms that have limited space. [read post]
5 Sep 2014, 9:36 am
For over 85 years, Chanel has used CHANEL as a trade name, house mark and trademark to identify its goods and business. [read post]
29 Jan 2024, 6:02 am
In respect of unfair advantage, the Court noted that, following L’Oréal SA v Bellure NV (C-487/07), what it was concerned with was whether Aldi had attempted to take advantage of, or ride on the coat tails of the Mark, in order to exploit it and gain a benefit from its reputation and Thatchers' marketing efforts which have been made by Thatchers.It would also suffice if the objective effect of Aldi's use was to enable it to benefit from… [read post]
20 Feb 2014, 12:00 am
Rolex (case C-98/13). [read post]
10 Apr 2015, 4:54 am
Nola Spice bead dogsHaydel sent Nola Spice a C&D; Nola Spice sought a declaratory judgment of noninfringement, cancellation of Haydel’s bead dog marks, and relief from unfair competition. [read post]
26 Jun 2020, 6:01 am
., Application Serial No. 88185338 (June 24, 2020) [not precedential] (Opinion by Judge George C. [read post]
29 Sep 2016, 12:24 pm
I noted in my December 2015 post that “there would be a good chance for Supreme Court review of the case if the government presses its position. [read post]
13 Jul 2022, 6:25 am
In providing guidance on how to intend the concept of bad faith in these situations, the GC ruled out that in the specific case at hand the trade mark owner’s behaviour would be caught within the scope of application of Article 59(1)(b) EUTMR.Let’s see what happened.BackgroundIn 2013, Ladislav Zdút successfully applied to register the figurative mark below as an EU trade mark (EUTM) for goods in classes 18, 25, and 25. [read post]
15 Mar 2015, 10:35 am
Proc. 11(c)(1)(C) deal. [read post]
3 Jun 2016, 6:13 am
“As a matter of logic, PLM’s intention was to create a mark that was distinguishable from its prior mark. [read post]
27 Nov 2015, 4:00 am
But plain packaging seems to be rooted on the idea that trade marks harm consumer welfare and that consumers are somehow better off if they appear much less on the goods. [read post]
11 Apr 2012, 2:45 am
"[C]onsumers may believe that SUPER CHIRO TEA and CHIRO-KLENZ are different varieties of the CHIRO line of tea. [read post]
8 Oct 2013, 3:24 am
Since no reputation had been proved for the Monte-Carlo mark, the claim for infringement under Article 9(1)(c) of the same Regulation had to fail. [read post]
24 Jun 2022, 4:36 am
A symbol can be arbitrary/fanciful and still ornamental b/c we don’t consider it to be a mark. [read post]
21 Sep 2009, 10:17 pm
"Opposer's mark is COTT, while applicant's mark depicts CO in large letters, with the word tea, the flavor and major ingredient of the goods, written in smaller letters below it. [read post]
27 May 2021, 11:08 am
" [C-371/18 Skykick, para 77] At the same time, the ECJ explicitly stated that a lack of economic activity as such does not establish bad faith. [read post]
8 Nov 2009, 9:36 am
Is any such use "in relation to" goods and services identical to those for which the trade mark is registered within the meaning of Article 5(l)(a) of the Trade Marks Directive and Article 9(1)(a) of the CTM Regulation? [read post]
11 Dec 2017, 12:30 am
They have some interesting thoughts on non-traditional trade marks and the impact of the recent EU trade mark reforms. [read post]
