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21 Mar 2024, 3:53 am
In re Sheet Pile, LLC, Serial No. 97010763 (March 19, 2024) [precedential] (Opinion by Judge Christopher C. [read post]
19 Mar 2024, 3:49 am
Applicant Salvation contended that “[c]ompanies typically separate their topical goods from their consumable goods,” which “prevents consumers from believing that the consumable goods somehow contain similar ingredients or characteristics as the topical products, which can contain toxins or other undesirable ingredients to consume and allows the companies to market the products with different message. [read post]
18 Mar 2024, 5:23 pm by Karina Lytvynska
The Bankruptcy of a City – Detroit Detroit’s filing for Chapter 9 bankruptcy protection in July 2013 marked the largest municipal bankruptcy in U.S. history. [read post]
12 Mar 2024, 2:25 pm by Xandra Kramer
This development comes amidst a landscape marked by high-profile antitrust collective actions with international dimensions, such as the one filed against Apple, in which there is an ongoing legal battle regarding Apple’s alleged anticompetitive behavior in the market for app distribution and in-app products on iOS devices. [read post]
12 Mar 2024, 12:49 pm by Jocelyn Bosse
The case (Extreme Durable, I ZR 205/22) focuses on whether the possession of goods abroad constitutes trade mark infringement if the goods are held for the purpose of offering them in the country where the trade mark is protected - in this case, goods stored in Spain and offered for sale on www.amazon.de, which targets German consumers. [read post]
On 18 January 2024, in case C-367/21 (still no English version) the CJEU ruled again on the exhaustion of EU trade mark rights (following its five rulings of 17 November 2022 including C-175/21 Harman International Industries, C-224/20 Merck Sharp & Dohme, and C‑204/20 Bayer Intellectual Property). [read post]
6 Mar 2024, 7:44 am by Jocelyn Bosse
The Tribunal held that there was both trade mark and copyright infringement.Anna Maria Stein outlined the findings of the UKIPO's report on “The impact of complicit social media influencers on male’s consumption of counterfeit goods in the UK. [read post]
6 Mar 2024, 1:11 am by David Pocklington
…the stone is not permitted under the Regulations and no good reason has been advanced for allowing an exception. [read post]
5 Mar 2024, 8:59 am by Eric Goldman
and by offering counterfeit goods in Pixels’ store: Canvasfish presents a plausible case that the goods Pixels sold bearing the DEYOUNG mark were counterfeits. [read post]
4 Mar 2024, 5:56 pm
Pix credit here In a 53 page opinion, the United States District Court for Northern Alabama has ruled, in National Small Business Association v. [read post]
4 Mar 2024, 12:47 pm
C. 20543,pio@supremecourt.gov, of any typographical or other formal errors.SUPREME COURT OF THE UNITED STATESNo. 23–719DONALD J. [read post]
4 Mar 2024, 9:08 am by Marcel Pemsel
Use of a trade mark as a trade or company name or part thereof (Art. 10(3)(d) TMD/Art. 9(3)(d) EUTMR) as such has been found not to be trade mark infringing as it does not constitute use ‘in relation to goods or services’ (CJEU, Céline, case C-17/06, IPKat here). [read post]
29 Feb 2024, 2:29 pm by Kevin Bercimuelle-Chamot
This passage appears to be a non-explicit reference to CJEU case law (Football Dataco, C-604/10, at [39]). [read post]
28 Feb 2024, 2:08 am by Bettina Clefsen (b/cl IP)
The goods were advertised using the claimant’s German word-/device trademark “ED” and “EXTREME DURABLE” (“EXTREME DURABLE-marks”). [read post]
24 Feb 2024, 1:10 pm by Rebecca Tushnet
SHOP SAFE wouldn’t change that b/c it is only about counterfeits. [read post]
23 Feb 2024, 4:59 pm by Rebecca Tushnet
Mark Lemley Agencies in TM law: PTO is sort of a black box b/c ignored TM so long on the policy side. [read post]