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7 Sep 2021, 7:05 am
” Instead, a plaintiff must plead “specific facts reflecting [the defendant’s] activity that, if proved, would amount to an attempt to create the impression that [the plaintiff] is the source of [the defendant’s] services” or goods, such as conduct outside use of the registered mark itself. [read post]
6 Sep 2021, 5:27 am
BER-C-54-21FILEDJUL 12 2021 James J. [read post]
3 Sep 2021, 10:18 am
When OSU sent Redbubble a C&D, Redbubble asked it to “specifically identify each infringing design. [read post]
3 Sep 2021, 8:18 am
In early 2020, Chile's Prosecutor’s Office sought to obtain all mobile phone numbers that had connected to antennas in Santiago’s subway stations, where fires marked the beginning of the country's 2019 social uprising. [read post]
1 Sep 2021, 4:24 am
In re The Yokohama Rubber Co., Ltd., Serial No. 79271385 (October 30, 2021) [not precedential] (Opinion by Judge George C. [read post]
31 Aug 2021, 10:59 am
The result is, of course, that the second-hand dealer gets some advantage from the trade mark. [read post]
31 Aug 2021, 8:04 am
This marked the first time a destroyer and littoral combat ship have joined to form a SAG, and the U.S. [read post]
30 Aug 2021, 9:01 pm
Statehood an Example of Something Good that Could Survive the Death of American Democracy? [read post]
30 Aug 2021, 1:44 pm
This was a breach of fiduciary duty. c) “On 20 January 2021 sums of £2,011,50 and £819.50 were transferred to RD Estate Services Limited, a company in which Raziel Davidoff is the sole director. [read post]
30 Aug 2021, 3:26 am
The broken lines depicting the spine of the chair indicate placement of the mark on the goods and are not part of the mark. [read post]
28 Aug 2021, 12:50 am
There, the General Court found that ‘PANTA RHEI’ could not be registered for goods in Class 5, due to the likelihood of confusion with an earlier EU trade mark ‘PANTA RHEI’, registered for goods and services in class 3, 35, and 44.OtherEmeritus Katonomist Nicola Searle and her colleague Andy Vivian discussed the relevance of trade secrets in the stock markets. [read post]
24 Aug 2021, 5:03 am
For example, if a designer assigns a trademark with its name to a third party together with the business operations and goodwill, and the public wrongfully assumes that the designer is still involved in the creation of the goods (CJEU C-259/04 – Elizabeth Emanuel, at paras. 44, 48, 51 and. 53), this does not render the mark misleading unless there is fraudulent intent (C-259/04, at para. 50), Rather, the likelihood of misleading the public must relate to the… [read post]
24 Aug 2021, 5:03 am
For example, if a designer assigns a trademark with its name to a third party together with the business operations and goodwill, and the public wrongfully assumes that the designer is still involved in the creation of the goods (CJEU C-259/04 – Elizabeth Emanuel, at paras. 44, 48, 51 and. 53), this does not render the mark misleading unless there is fraudulent intent (C-259/04, at para. 50), Rather, the likelihood of misleading the public must relate to the… [read post]
24 Aug 2021, 5:01 am
No good actor wants to see CSAM proliferate. [read post]
24 Aug 2021, 2:16 am
Under those rules, abstract colours were not excluded from trade mark protection for being "characteristic features" that result from the nature of the goods, or that give substantial value to the goods. [read post]
23 Aug 2021, 4:08 am
The Board concluded that Opposer Agile failed to prove by a preponderance of the evidence that confusion is likely, and so it dismissed Agile's Section 2(d) claim.Although the marks are similar, Opposer’s HUDL mark is quite strong in the high school sub-market for the goods and services for which it is registered, and Applicant’s goods may be subject to impulse purchase by some consumers, we give greater weight in our analysis to the stark… [read post]
20 Aug 2021, 5:03 am
It concluded that, so far as the goods and services which were relevant to the infringement by SkyKick were concerned, the allegation of bad faith against Sky essentially amounted to an allegation that when it applied for goods such as “software”, it intended to use its marks for a type of software, but not all types of software. [read post]
19 Aug 2021, 11:09 am
The average consumer normally perceives a mark as a whole and does not engage in an analysis of its various details (OHIM v Shaker (C‑334/05 P)).The Applicant had submitted that there could be no likelihood of confusion because there was no similarity between the goods. [read post]
18 Aug 2021, 7:10 am
Even after the C&D, the RP&G defendants continued to sell “Sturgis” rally products in the good-faith belief that the term “Sturgis” was generic, a belief validated by the Eighth Circuit’s endorsement. [read post]
18 Aug 2021, 5:55 am
The taxation of services and business-to-business transactions also varies widely by state.[15] Tax experts generally recommend that sales taxes apply to all final retail sales of goods and services but not intermediate business-to-business transactions in the production chain.[16] These recommendations would result in a tax system that is not only broad-based but also “right-sized,” applying once and only once to each product the market produces. [read post]
