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21 Jul 2023, 9:05 am
” But this wasn’t a “tests prove” case. [read post]
21 Jul 2023, 9:00 am
Scott Hervey and Tara Sattler talk about this case on this installment of The Briefing. [read post]
21 Jul 2023, 5:12 am
Rather, the manual describes current practice and procedure under the applicable authority and incorporates amendments to the Trademark Act, Trademark Rules of Practice, Federal Rules, and updates in case law, where applicable, as of March 3, 2023. [read post]
21 Jul 2023, 4:45 am
In any case, the Board pointed out for the umpteenth time that it must decide each case on its own evidentiary record. [read post]
20 Jul 2023, 8:46 am
From that, the court then rejected plaintiffs’ argument that this was an omissions case; at its core, this case was about misrepresentations, not omissions. [read post]
20 Jul 2023, 8:18 am
” Under Florida law, this is generally the legal standard in business litigation concerning breach of contract and business torts, as distinct from, for example, personal injury cases. [read post]
20 Jul 2023, 6:58 am
” In 2015 Timberland began the process of registering the boot design as a trademark. [read post]
19 Jul 2023, 1:58 pm
Wynndalco Enterprises LLC, Case No. 22-2313. [read post]
19 Jul 2023, 10:04 am
” In a trademark case, it’s much less likely that this would be considered hearsay, but instead reporting mental state. [read post]
19 Jul 2023, 8:40 am
The question has come up in a case, where the proprietor of an EU trademark considers that a sign used by a third party in online advertisements and online sales offers infringes that trademark. [read post]
18 Jul 2023, 3:58 am
If that fails, you can take your case to the Chinese courts. [read post]
18 Jul 2023, 3:27 am
It’s easier to get a trademark for it than to get it for one thing, and try to add it on later. [read post]
17 Jul 2023, 11:40 pm
In fact, trademarks are often also expressive, containing hints to the relevant product’s origin or characteristics.... and Kat Daniel'sIn this case, the Court pointed to the fact that VIP had itself represented that it both owned and used the “Bad Spaniels’ trademark and trade dress” to “identify and distinguish” VIP’s products and indicate their source. [read post]
17 Jul 2023, 12:39 pm
However, the case also alleges racketeering. [read post]
17 Jul 2023, 11:20 am
To understand the case better it is important to remember that Poland joined the EU in 2004. [read post]
17 Jul 2023, 8:32 am
The same is true even in trademark treaties. [read post]
16 Jul 2023, 11:56 pm
In a recent opposition case, the Higher Regional Court Vienna (HRC), had the rare opportunity to shed some light on the scope of protection of the well-known trademark “PUMA” as against a similar mark applied for entirely dissimilar goods. [read post]
16 Jul 2023, 11:56 pm
In a recent opposition case, the Higher Regional Court Vienna (HRC), had the rare opportunity to shed some light on the scope of protection of the well-known trademark “PUMA” as against a similar mark applied for entirely dissimilar goods. [read post]
16 Jul 2023, 9:01 pm
In Abitron Austria GmbH Hetronic International, Inc., the Court held that two provisions of the Lanham Act prohibiting trademark infringement apply only to domestic claims. [read post]
16 Jul 2023, 4:51 pm
” In Passalacqua, the employer failed to meet its legal burden of proof, but its case weakened further when the employee presented counter-evidence. [read post]
