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7 May 2014, 2:25 am
The Court added that Pico itself had recognized that Sobieraj’s application implied the weak distinctive character of such representations.The second plea was based on the misapplication of Article 8(1) of Regulation 207/2009, in that the Board of Appeal dismissed any likelihood of confusion even though it did not find that the signs were different overall. [read post]
29 Nov 2019, 8:18 am
Recently, a case in China raised a similar question: when it comes to assessing the similarities between two verbal signs – one in Chinese and the other in English - does the ungrammatical metaphrase of the Chinese sign count? [read post]
29 Nov 2016, 2:44 am
The Claimant claimed goodwill in many variations of cup (cup 8 is the version pictured above) and there were several allegedly infringing cups. [read post]
12 May 2024, 1:32 am
Duca di Salaparuta partially based their argument on Article 43.2 of Regulation (EC) No 479/2008:A name shall not be protected as a designation of origin or geographical indication where, in the light of a trademark's reputation and renown, protection is liable to mislead the consumer as to the true identity of the wine.The provision entered into force on 1 August 2009, and Salaparuta received EU protection a few days later, on 8 August 2009. [read post]
6 Nov 2012, 7:27 pm
The Third Circuit made clear, however, that the "ten-factor Lapp test [was developed] only as a guide" and the Lanham Act does not require that each of the ten factors must be evaluated in every case. [read post]
24 Sep 2016, 11:31 am
That the attorney, as the executor's agent, was expected to attend to the matter does not relieve the principal of his duty to comply with the statute. [read post]
7 Jul 2016, 8:44 am
LEXIS 899, at *8-9 (N.D. [read post]
8 Feb 2017, 8:22 am
The converse, however, is not true, and the existence of a reputation associated with a person, product, name or mark does not necessarily imply the existence of goodwill. [read post]
13 Sep 2013, 2:17 am
Aug. 1, 2013) Lisa M. [read post]
23 Mar 2019, 4:09 am
Claim 1 of the granted patent (EP 0883348) in question specified a method including the steps of preparing the dough, rolling out the dough into a flat strip, cutting the strip of dough into pieces, baking the flat pieces of dough in an oven for 2-8 minutes at 250-270ºC and cooling. [read post]
16 Oct 2020, 3:32 am
Glencairn and Dartington subsequently reached a settlement dated 8 January 2019, which included a confidentiality clause binding on the parties, though not their respective solicitors. [read post]
29 Oct 2013, 5:31 am
Effective September 1, 2000 the district appointed Cronk to a three-year probationary position in the English tenure area. [read post]
30 Aug 2013, 9:03 am
We decided on a single sentence: "This subsection does not apply to devices propelled by human power." [read post]
14 Jun 2017, 3:19 am
Does Article 8(3) of the InfoSoc Directive allow the issuing of an injunction against an ISP ordering it to block access for its users to an indexing site like The Pirate Bay? [read post]
5 Aug 2019, 12:31 am
Just because two songs sound similar, does not necessarily mean infringement. [read post]
10 Jul 2014, 4:32 am
§27-1-113. [read post]
2 Aug 2016, 3:25 pm
However, jumping on the situation and helping things along will ensure that the move DOES go smoothly, at least as far as school goes. [read post]
11 Nov 2017, 11:00 am
§ 1295(a)(1). [read post]
10 Dec 2021, 12:56 pm
8. [read post]
