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4 Feb 2019, 10:06 am
January was already a great month for avid watchers of (i) the IP filing activities of Google’s DeepMind; and (ii) CJEU judgments dealing with descriptive trade marks for software. [read post]
2 Nov 2010, 2:08 am
” The ACPA Factor VI [roughly similar to paragraph 4(b)(i) and negativing 4(c)(i) of the Policy] provides that it is “indicative” of a “bad faith intent to profit” from the mark “if the person offering to transfer the domain name to the owner of the mark has never actually used or intended to use the domain name for bona fide sales of goods. [read post]
21 Aug 2013, 12:42 am
For example, Section 43(a) of the Lanham Act proscribes the "false designation of origin through the wrongful use of another’s trade mark" and courts will look at the following factors: strength of the plaintiff's mark, the degree of similarity between the two marks, the proximity of the products, the likelihood that the prior owner will bridge the gap, actual confusion, and the reciprocal of defendant's good faith in adopting its own mark, the… [read post]
10 Apr 2019, 9:00 am
His address specifically considered the key issue of the case: whether the lack of clarity and precision of specifications of goods or services and bad faith though lack of intent to use were grounds of invalidity. [read post]
15 Apr 2020, 2:59 am
However, with the right trade mark strategy and good evidence this is a move forward in the battle against lookalikes. [read post]
11 Aug 2016, 3:41 pm
There’s probably a relatively low level of crowdsourcing that’s necessary; eBay is probably a really good reputational system b/c it’s costless to share. [read post]
27 Jan 2010, 2:28 am
Forum July 29, 2005) (holding that the respondent’s use of disputed domain names to market competing limousine services was not a bona fide offering of goods or services under Policy ¶ 4(c)(i), as the respondent was appropriating the complainant’s CAREY mark in order to profit from the mark). [read post]
8 Jun 2021, 11:32 am
AE’s position was that L&S could not establish (a) and (c). [read post]
9 Jun 2014, 4:13 pm
Opposer uses the CHANEL mark on a variety of goods, including but not limited to apparel, jewelry, sunglasses, perfume, and cosmetics. [read post]
10 Apr 2009, 3:50 am
***The website printouts are not translated, but judging from the graphics, the mark seems to be used to identify car packages or promotional material, not the vehicles themselves, and there is no evidence of a bona fide intent to use the mark in the United States as to the goods listed in the application. [read post]
10 Aug 2011, 4:16 am
Coach had claimed likely confusion with, and likely dilution of, Opposer's COACH mark for leather goods and various other consumer items, and had further claimed that Applicant Triumph Learning's mark is merely descriptive of its services. [read post]
29 Dec 2020, 1:00 am
Picture on the right (c) by Dr Judit Banhidi [read post]
27 Feb 2015, 2:34 am
Regarding the passing-off point, a good place to start is the dictum of Mr Justice Arnold in Och-Ziff Management Europe Ltd & Another v Och Capital LLP & Another [2010] EWHC 2599 (Ch), that “the basis of passing-off is a misrepresentation causing damage to the claimant’s goodwill and there are few a priori limits on what the misrepresentation may be or how the damage may arise: the case in which the defendant’s goods are sold as and for the… [read post]
30 Aug 2021, 3:26 am
The broken lines depicting the spine of the chair indicate placement of the mark on the goods and are not part of the mark. [read post]
5 Jan 2010, 6:00 am
Good luck for 2010 and the many years beyond. [read post]
10 Dec 2013, 8:05 pm
” (spoiler: incumbents) [Roger Pilon, Cato] “None of this was perceived as a major problem so long as the 501(c)(4) category was dominated by the political left” [Brad Smith, WSJ] Texas trial lawyers not all of one mind over extent of political involvements [Texas Tribune, Southeast Texas Record] Sen. [read post]
21 Nov 2019, 3:58 pm
This month marks Todd’s 25th anniversary as a lawyer. [read post]
18 Oct 2022, 8:42 am
Similarly, subsection (c)(2) permits CBP to seize and forfeit another specific list of imported goods: goods that are not compliant with restrictions or prohibitions imposed for health, safety, or conservation reasons (for example, FDA regulations, EPA regulations, Federal Motor Vehicle Safety Standards); goods requiring a license or permit and not accompanied by the same; goods involved in a few types of copyright, trademark, or trade dress violations;… [read post]
18 Oct 2023, 5:11 am
See Fed.R.Civ.P. 33(c); Daniel J. [read post]
27 Sep 2022, 3:53 am
The marks are identical, the goods overlap, and it was undisputed that the goods travel in the same channels of trade. [read post]
