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23 Oct 2015, 12:37 pm
Look at dictionary definitions; relation of matter to other elements of the mark; nature of goods/services; manner in which mark is used in the marketplace. [read post]
19 Dec 2016, 9:08 am
Although Kibler argued that he’d used “LOGIC” alone as a trademark, he hadn’t registered it (which the court of appeals thought ended the matter).Actual confusion: This is the strongest proof of likely confusion, but its weight depends on the amount and type of confusion, in context. [read post]
10 Jun 2014, 1:56 am
The Registrar of Trade Marks referred this opposition matter to the High Court in Pretoria, as the Registrar has been doing of late (reported here). [read post]
20 Aug 2017, 5:20 am
Gay has the answer that Mark Lilla lacks. [read post]
25 Nov 2019, 11:30 pm
The applicant claimed that the proprietor wished to prevent the entire drinks market from using skull shaped bottles which is a matter for design law, not trade mark law with its potentially perpetual term of protection, and precisely the ‘evil’ at which the prohibition on shape marks under Article 7(1)(e)(iii) is aimed. [read post]
12 May 2021, 2:58 am
Matter that is widely used to convey ordinary or familiar concepts or sentiments, or similar informational messages that are in common use, would not be perceived as indicating source and is not registrable as a mark. [read post]
5 Dec 2010, 3:01 pm
In contrast, where a combination of both agents was used, there was a marked reduction in infarction size, indicative of a significant neuroprotective effect. [read post]
24 Feb 2015, 3:18 am
Henry Bell did this by establishing that it had not used the sign SUPREME as a trade mark at all.* There was honest concurrent use by Henry Bell of the word "supreme" for over 20 years without causing confusion; this demonstrated that the use had no adverse effect on any function of the word mark -- and it didn't infringe the stylised and ribbon mark registrations. [read post]
17 Nov 2020, 6:16 am
After our interview of a Justice Department official on how to read Schrems II narrowly, it was only a matter of time. [read post]
19 Feb 2022, 8:36 am
Silbey: Does intensity of reaction matter? [read post]
2 May 2014, 10:17 am
When I created and marked a tag line for one of my company's brochures, which was in the process of receiving a registered trademark, I was stunned to see a competitor (law firm) using my words exactly in a different order. [read post]
13 May 2013, 4:00 am
I don’t like the word “brand” to describe lawyers. [read post]
27 Sep 2013, 9:37 am
Experience also matters a lot. [read post]
8 Oct 2009, 3:50 pm
But the matter is strategically interesting for any company operating in relation to telephone communication services/activities but also while considering suing a competitor on the basis of a mark which distinctiveness is likely to be discussed". [read post]
28 Feb 2014, 10:06 am
Even if the consumer is getting them from Australia herself by buying them on eBay, apparently, the variation in details, including details in the warranty, still means that there will be confusion as a matter of law. [read post]
1 Jun 2012, 6:42 am
As a matter of fact, Memorial Day marked the beginning of the 100 deadliest days on our roadways. [read post]
26 Feb 2022, 8:58 am
Ct. 2294 (2019), the Court considered another provision of section 2(a) of the Lanham Act, which directed the PTO to deny registration of marks that “consist[] of or comprise[] immoral . . . or scandalous matter,” § 1052(a). [read post]
30 Sep 2014, 9:57 am
The second step is for mark owners to finally reject the notion that a mark-holder must enforce its mark in every instance or risk losing it. [read post]
10 Feb 2008, 6:46 pm
"In social science, that doesn't happen. [read post]
30 Mar 2016, 11:26 pm
It should be noted the latter three marks listed are all owned by Fuddruckers. [read post]
