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30 Apr 2009, 1:56 pm
Mark Levy was well known and highly respected for his successful appearances before the Supreme Court of the United States. [read post]
31 May 2007, 5:15 am
Bar-Well Foods, Ltd., 196 USPQ 289, 291 (CCPA 1977). [read post]
20 Nov 2023, 9:15 am by Jessica Bromall-Sparkman
Absent “extenuating circumstances,” if the use of a counterfeit mark is intentional and knowing, the Act requires entry of judgment of three times the amount of actual damages or profits found, as well as an award of attorney’s fees. 15 U.S.C. [read post]
20 Nov 2023, 9:15 am by Jessica Bromall-Sparkman
Absent “extenuating circumstances,” if the use of a counterfeit mark is intentional and knowing, the Act requires entry of judgment of three times the amount of actual damages or profits found, as well as an award of attorney’s fees. 15 U.S.C. [read post]
12 Oct 2020, 2:30 am by Nedim Malovic
These addressed mainly children and young people, which is also why the evidence submitted by the Opponent portrayed use of the mark on school rucksacks and other school material.In this sense, there was no clear concept that could be attached to the Applicant’s sign and therefore there was no conceptual similarity between the signs.Overall assessment of likelihood of confusionThe global assessment of likelihood of confusion must take into account the perception of the average… [read post]
9 Apr 2020, 4:26 am
"The CAFC found that the Board had "erred in two ways: (1) by concluding that a color-based trade dress mark can never be inherently distinctive without differentiating between product design and product packaging marks; and (2) by concluding (presumably in the alternative) that product packaging marks that employ color cannot be inherently distinctive in the absence of an association with a well-de-fined peripheral shape or border. [read post]
17 Dec 2008, 1:39 pm
The altered marks, with a C upgraded to A in some cases, came to light when the law firm and Osgoode shared notes on Frederick. [read post]
30 Jan 2020, 6:51 am
For instance, McAfee is a well-known provider of antivirus software and services and, in Europe, holds the MCAFEE trade mark, registered inter alia for "computer software" in class 8. [read post]
20 Sep 2011, 2:59 pm by Justin E. Gray
Gray on Claims, in conjunction with Docket Navigator®, is providing a false marking chart that is updated daily with new false marking cases as well as status updates on pending cases. [read post]
10 Oct 2009, 5:00 am
  Additionally at the end of the conversation Cuban stated, “well now I’m screwed. [read post]
24 Jul 2017, 9:20 am
Estate of Château Cheval BlancThe claimant in this dispute is the wine-making company trading as 'Château Cheval Blanc' based in St Emilion, a region of France well-known for its vintage. [read post]
17 Nov 2008, 4:49 pm
The complaint says that Cuban was pretty angry about that, saying to the CEO at the end of the call, “Well, now I’m screwed. [read post]
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31 Mar 2009, 9:49 am
Singapore's Trade Marks Act turned 10 in January this year.On 15 January 1999, an overhauled Act had come into force, enabling Singapore to meet the requirements of the TRIPS Agreement as well as the Paris Convention. [read post]
9 Oct 2017, 9:03 am by Peter Groves
But an agreement that overcomes problems in the UK won't necessarily help when a conflict arises elsewhere.In a recent case, Ornua Co-operative Limited, formerly The Irish Dairy Board Co-operative Limited v Tindale & Stanton Ltd España SL the European Union's Court of Justice had to deal with a conflict between two Irish dairy companies, the owners of the well-known KERRYGOLD trade mark and the owners of the less well-known KERRYMAID trade… [read post]
21 Oct 2006, 10:08 am
After a false start in September, I’m back blogging as well (and marking the occasion with a new theme, which may or may not last). [read post]
28 Dec 2019, 3:22 am
The focal point of the case then turned to s.3(1)(a) of the 1994 Act, which states:3(1) The following shall not be registered –(a) signs which do not satisfy the requirements of section 1(1)...In turn, s.1(1) reads states:(1) In this Act a “trade mark” means any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.A trade mark may, in particular, consist of words… [read post]
6 Nov 2021, 12:14 pm by Eleonora Rosati
More in detail, as it can be read on the Finnish Patent and Registration Office’ website, the List features those marks that “have become very well known in their target group, whose scope of protection is broader than usual”. [read post]