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29 Oct 2017, 6:25 am
It concerns the revocation of two international trade marks for ABANKA and the related opposition to the application to register ABANCA - no prizes for guessing which party was attacking which mark.This case is interesting for its discussion of the issues surrounding use of a mark where there are some customers in one jurisdiction but the services are effectively offered in another jurisdiction.BackgroundAbanka is a Slovenian bank which since March 2006 has had two UK trade… [read post]
8 Mar 2021, 6:28 am
Where that is the case, it will usually be impossible for the trade mark owner to use (say) a French trade mark to stop parallel imports entering France from (say) Germany. [read post]
28 Dec 2016, 6:04 am
It is time for some seasonal trade mark fizz. [read post]
23 Dec 2019, 3:30 am
It's an indelible mark that will last forever, a stain that can never be removed! [read post]
20 Jan 2019, 11:42 pm
and Design Sign Fail to Function as a Real Estate Service Mark? [read post]
16 Oct 2023, 3:35 am
Although the marks are similar, the weakness of opposer's mark and the lack of proof of relatedness of the goods and services doomed opposer's Section 2(d) claim. [read post]
13 Mar 2008, 10:15 pm
I agree with Mark with regard his expectation that most approved market lists that aren't based 100% on capital size requirements or ratings (i.e. the "WTF? [read post]
28 Dec 2009, 10:09 am
Section 292 provides a civil penalty for false marking of goods. [read post]
11 Nov 2013, 6:38 am
The following is a guest post from Mark Levin of the University of Hawaii Law School: The world is of course watching the Philippines struggling in the aftermath of Typhoon Haiyan (Yolanda in the Philippines). [read post]
27 Sep 2010, 9:34 am
The Federal Circuit continues to address false marking cases. [read post]
6 Aug 2008, 2:53 pm
Mark Shurtleff is seeking re-election as Utah State Attorney General. [read post]
28 May 2014, 7:39 am
Up on YouTube is former guest Legal History Blogger Mark S. [read post]
28 Sep 2011, 2:57 am
Interflora Inc and another v Marks & Spencer plc (Case C-323/09); [2011] WLR (D) 281 “Article 5(1)(a) of First Council Directive 89/104/EEC and article 9(1)(a) of Council Regulation (EC) No 40/94 on the Community trade mark was to be interpreted as meaning that the proprietor of a trade mark was entitled to prevent a competitor from advertising on the basis of a keyword which was identical with the trade mark and which had been selected in an internet… [read post]
26 Jul 2010, 7:14 pm
To mark the 20th anniversary of the Americans with Disabilities Act the first member of the House of Representatives with quadriplegia presided over the U.S. [read post]
28 Jan 2011, 12:06 pm
Other writings on false marking can be found here. [read post]
27 Jun 2013, 8:02 am
Daniel Sokol The Antitrust Source has an Interview with Mark Berry, Chairman of New Zealand Commerce Commission. [read post]
13 Mar 2009, 4:30 pm
A new Practice Notice governing Canadian trade-marks oppositions comes into effect March 31, 2009. [read post]
12 Sep 2016, 12:28 pm
Some good advice on writing: The 5 Edits I Make Most Frequently by Mark Herrmann, Above the Law. [read post]
24 Sep 2021, 2:34 pm
Not only does the trade mark owner bear the burden of producing evidence to establish such use, but the trade mark owner should know that the ‘reputation’ of the mark does not mean that proving such use is guaranteed to succeed. [read post]
9 Jun 2010, 3:03 am
Annexed hereto and marked annexure H. [read post]
