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19 May 2024, 10:27 pm
This requires that the vast majority of people considers the trade mark to be the common name of the goods or services (case T‑220/23 at para. 36). [read post]
9 Apr 2019, 8:29 am
LEXIS 8249, at *9 (internal markings omitted). [read post]
18 Jul 2024, 3:28 am
To make matters worse, the Board found INSTA to be the dominant element of both marks. [read post]
12 Sep 2010, 3:01 pm
T 472/92 [3.1]). [read post]
6 Apr 2019, 9:46 am
Don't worry: "Never Too Late" is here for you! [read post]
15 Feb 2019, 6:57 am
Use of a mark as an internet search term isn’t counterfeiting, as a matter of law. [read post]
13 Jan 2017, 7:24 am
But “we think he couldn’t make as much money from a true sale” is not the same as “a sale would entitle him to royalties” and thus continue his financial interest in the brand no matter what. [read post]
11 Mar 2009, 12:00 am
"Honda feebly argued that, unlike in Audi, its mark is a standard character mark, but the Board shrugged that off: "[r]egardless of the type of drawing in the application, the specimens must indicate use of the applied-for matter as a mark - i.e. as a single mark. [read post]
20 Apr 2020, 1:46 am
In an interesting decision delivered earlier this month concerning an opposition filed by DC Comics, which owns the figurative mark “SUPERMAN” (pictured below), the EUIPO Opposition Division acknowledged that this mark enjoys a high degree of recognition and, as such, is eligible for protection under Article 8(5) EU Trade Mark Regulation (EUTMR), even despite that the well-known character of the trade mark had been only sufficiently demonstrated for… [read post]
14 Sep 2017, 5:25 am
The court found that the mark was at least “well known” in Mississippi, but evidence didn’t support strength claims for other states. [read post]
28 Oct 2017, 3:09 pm
All three outlets go with the decidedly vague “sources briefed on the matter. [read post]
9 Jul 2009, 6:48 am
And yet, before the election it was a matter of fierce moral urgency. [read post]
15 Feb 2011, 3:01 pm
The fact that this system operated efficiently for many years was evidence that it was normally satisfactory (see T 30/90, J 31/90, J 32/90, T 309/88). [read post]
31 Jul 2020, 12:38 pm
Translational similarity matters: same meaning in different language could bar registration. [read post]
31 Aug 2021, 10:59 am
As to material differences, rental mattered: “[C]ustomers who rent a pump (or any product for that matter) are likely to assume that it has been used before and therefore is not in pristine condition. [read post]
18 May 2007, 1:25 pm
A breach of contract case was marked off the New York County Supreme Court's trial calendar and dismissed after twelve months of inactivity. [read post]
21 Jun 2007, 1:46 am
But wouldn't it be good to have that option? [read post]
28 Dec 2009, 7:42 pm
It is marked "Confidential Legal Notice - Publication or Dissemination is Prohibited". [read post]
21 Apr 2015, 12:29 pm
The post It’s Our Turn to Lead appeared first on Mendik Matters. [read post]
2 Apr 2019, 1:05 am
It claimed that the Board of Appeal had erred, first, in the comparison of the contested mark with the earlier mark and, secondly, in the global assessment of the likelihood of confusion.Last week, the GC handed down its decision on the matter, confirming the earlier take of the Board of Appeal.The legal frameworkUnder Article 53(1)(a) of Regulation 207/2009 (now Articles 60 and 8(1)(b) in Regulation 2017/1001 on the EU Trade Mark, EUTMR), read in conjunction with… [read post]
