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23 May 2007, 5:06 am
But the dissimilarity of the marks and the goods were factors that favored Applicant, and they overcame the Section 2(d) fame of the BIG GULP mark, leading the Board to conclude that confusion is not likely.Dilution: Turning to Section 43(c) as amended on October 6, 2006 by the Trademark Dilution Revision Act, the Board first noted that the requirements for proving fame for dilution are more stringent than the requirements for proving "fame" under… [read post]
25 Jun 2020, 11:39 pm by Eleonora Rosati
For signs consisting of the shape of the goods themselves it may be more difficult to come to a finding of distinctiveness, as such marks will not necessarily be perceived by the relevant public in the same way as a word or figurative mark (see, eg, C-136/02 P, Torches, para. 30). [read post]
3 May 2016, 12:09 am by Bill Marler
Consequently, physical limitations that still exist beyond the one-year mark are more probably than not permanent. [read post]
6 Mar 2021, 8:56 am by Alex Woolgar
    The key question was whether the mark AFFINITY had become customary in the current language or in the bona fide and established practices of the trade to designate the goods or services in respect of which it was registered. [read post]
3 Sep 2015, 3:26 am
 The Hungarian Intellectual Property Office (HIPO) found that Unilever had sold large quantities of and publicised the goods designated by its CTM IMPULSE (which seem to be some sort of perfumed and/or deodorant body spray) the United Kingdom and Italy, with that mark enjoying a 5% market share in the United Kingdom and a 0.2% market share in Italy. [read post]
2 Nov 2017, 3:14 am
The USPTO refused registration of the mark CRAWLER under Section 2(e)(1), finding it merely descriptive of "light truck and sport utility vehicle aftermarket suspension parts, namely, link arms and coil springs. [read post]
19 Feb 2013, 2:03 pm by Sarah Tran
For example, according to mark owners, it is often unclear whether a seller on an Internet sales channel is an authorized sales agent, a group selling counterfeit goods, or a legitimate reseller of goods in the secondary sales market. [read post]
11 Dec 2014, 2:54 am
"In March 2011 Dalsouple Société Saumuroise Du Caoutchouc (""Dalsouple France") sought to extend its international trade mark registration for the word mark DALSOUPLE, which it held for goods in Classes 17, 19 and 27 (mainly rubber flooring products). to the UK. [read post]
15 Aug 2023, 8:22 am by Marcel Pemsel
A good example is the ‘jumping puma’ case. [read post]
13 Jun 2010, 12:56 am by Manpreet Singh Sood
Defendant supplying the rogue product , applying the plaintiffs trade mark 'SUPER BRIGHT. [read post]
2 Sep 2014, 8:40 am
§ 1125(c), a plaintiff must plead that (1) its mark is famous; (2) the defendant is making commercial use of the mark in commerce; (3) the defendant's use began after the mark became famous; and (4) the defendant's use of the mark dilutes the quality of the mark by diminishing the capacity of the mark to identify and distinguish goods and services. [read post]
28 Jul 2024, 7:08 am by Marcel Pemsel
Due to the increased distinctiveness of adidas’ trade mark and identical goods, the low degree of visual similarity was deemed sufficient to create a likelihood of confusion. [read post]
25 Jan 2007, 9:16 am
[IPKat comment - more explicit acknowledgment than in Arsenal v Reed ECJ that a trade mark has functions other than the origin function]BMW and referential use*The scenario in BMW v Deenik, where use on services which were different to the goods for which the mark was registered and yet Art.5(1)(a) infringement was found was limited to situations in which the defendant is using the trade mark to identify the subject-matter of the services. [read post]
16 Feb 2016, 7:36 am by Susan Hennessey
Military Commissions Chief Prosecutor Mark Martins issued the following statement on Saturday, February 13th: CHIEF PROSECUTOR MARK MARTINS REMARKS AT GUANTANAMO BAY 13 FEBRUARY 2016 Good evening. [read post]
8 Dec 2023, 12:15 am by Anastasiia Kyrylenko
In 2000, both were registered as European Union trade marks (EUTMs) in Classes 9, 25 and 28. [read post]
5 Mar 2017, 9:03 am by James Hastings
Trademark Trial and Appeal Board ruled that the Opposer was entitled to rely on the filing dates of its intent to use applications to establish constructive use of its HALO mark as of that date pursuant to Section 7(c) of the Trademark Act. [read post]
5 Mar 2017, 9:03 am by James Hastings
Trademark Trial and Appeal Board ruled that the Opposer was entitled to rely on the filing dates of its intent to use applications to establish constructive use of its HALO mark as of that date pursuant to Section 7(c) of the Trademark Act. [read post]
1 Oct 2020, 1:41 am by Neil Wilkof
For present purposes, it suffices to note that the Registrar, in respect of the other grounds of opposition, had found that use of the Application Mark on Chilean sparkling wines: (a) would not be deceptive; (b) would not mislead consumers into thinking that the goods would be champagne from the Champagne region of France; and (c) would not constitute a misrepresentation in the context of passing-off. [read post]