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16 Jul 2012, 12:28 am
As to treatment of slogans in general the General Court, by describing WIR MACHEN DAS BESONDERE EINFACH for as a slogan, did not create a special subcategory or even a separate one from that of other word marks, but only asserted that this was a word mark which conveyed to the relevant public a laudatory message or extolled the qualities of the goods covered by the trade mark application. [read post]
16 Feb 2010, 6:26 am
Marking a product with the number of its underlying patent is good practice––it provides notice of the patent and is a prerequisite for certain types of damages in infringement actions. [read post]
5 Jan 2010, 12:21 pm
In this new environment, patentees should exercise ever more heightened diligence to ensure their goods are properly marked at all times. [read post]
26 Aug 2010, 6:00 am
Section 292 of the Patent Act provides for a civil penalty for falsely marking a good as patented. [read post]
26 Aug 2016, 6:34 am
Walking that line can be tough, but RedBox is an example of having a good product that can become a widespread commercial success, even if the mark isn’t the next Apple or Microsoft. [read post]
6 Feb 2012, 8:55 am
"CBP officers monitor imports to prevent the importation of goods bearing infringing marks... [read post]
19 Dec 2022, 5:02 pm
The addition of that word mark did not prevent the relevant public from perceiving the shape of the contested mark, which remained identical, as an indication of the origin of the goods concerned. [read post]
3 May 2016, 2:15 am
Previously, before June 22, 2012, a trade mark was deemed to be protected in respect of the entire range of ICGS goods and services included in the alphabetical list for that class provided that such trade mark was registered with reference to the heading of the respective ICGS class. [read post]
28 Nov 2017, 2:57 am
The moderator was IPKat’s own Eleonora Rosati (University of Southampton and JIPLP Co-Editor).The panel discussed at length the impact of the recent EU Trade Mark Regulation (EU 2015/2424): Gert Würtenberger and Marius Schneider highlighted the implications of Article 9(4) for goods in transit, whereby customs authorities will now be allowed to detain goods in transit bearing an identical/similar mark no matter where they are destined. [read post]
15 Apr 2015, 12:40 am
Distinctiveness must be assessed by reference to the mark taken in its entirety, the goods and services covered by the mark and the relevant public's perception of the mark. [read post]
12 Sep 2016, 12:28 pm
Some good advice on writing: The 5 Edits I Make Most Frequently by Mark Herrmann, Above the Law. [read post]
25 Feb 2013, 3:37 pm
By contrast, the goods covered by Hartmann’s trade marks fulfilled an impermeable function to deal with urinary or faecal leakage. [read post]
7 Oct 2016, 5:51 am
Genericness is good. [read post]
12 Aug 2015, 8:28 pm
Keep in mind that just because a phrase is generic for some goods does not make it generic for all. [read post]
11 Mar 2015, 2:54 am
§ 1115(b)(4)provides a fair use defence in a trade mark infringement case if the use is descriptive of and used fairly and in good faith only to describe the defendants goods or services. [read post]
12 Aug 2008, 11:00 am
Although the old Nash mark has been abandoned for decades with regard to automobiles, the Board found that use of the mark on licensed goods (like key rings, calendars, and owner's manuals) beginning in 1995 provided a sufficient basis for a likelihood of confusion finding. [read post]
17 Aug 2016, 8:30 pm
Judge Sullivan publishes a very good book on consumer fraud Source: COMMON MISCONCEPTIONS ABOUT CONSUMER FRAUD LAW | Mark Sullivan | Pulse | LinkedIn [read post]
19 Jan 2017, 4:10 am
Standing and priority were not in issue, nor was there any dispute that the involved goods are in part identical. [read post]
26 Apr 2014, 6:23 pm
§ 1115(b)(4), allows a third party to use a trade mark if the use is descriptive and if it does not identify the source or origin of the goods. [read post]
27 May 2020, 5:14 am
Whilst this would not necessarily prevent the mark from being registered, the mark would still have to be able to indicate commercial origin and enable consumers to distinguish the goods covered by the mark from those of competitors. [read post]
