Search for: "Matter of Mark"
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28 Apr 2019, 11:30 pm
Since the EUIPO’s examination is to be restricted to the facts, evidence and arguments provided by the parties, and the and the reputation of a mark is a purely conjectural matter, it follows that it is for the parties to provide the facts and evidence in support of the relief sought.During the proceedings, Inditex had submitted that the evidence provided proved that the earlier marks have a high reputation, and so the Court agreed with the Board of Appeal’s… [read post]
26 Feb 2024, 4:30 am
Photo by Brett Sayles: https://www.pexels.com/photo/slogan-black-lives-matter-on-black-board-4665903/ Last week, the National Labor Relations Board decided that a NON-union employer cannot require employees to remove “Black Lives Matter” (BLM) insignia from their work uniform when the BLM marking is a “logical outgrowth” of earlier group protests about racial discrimination in their workplace. [read post]
1 Jun 2023, 9:08 am
If every product shape, no matter how much it deviates from the norm or customs of the relevant sector, were to describe the product’s shape, and, therefore, fall foul of Sec. 8(2) no. 2 GTMA, the shape of a product could never be registered. [read post]
8 Jul 2012, 9:30 pm
The Principles- Likelihood of ConfusionAs summarised by the UKIPO, are as follows: (a) the likelihood of confusion must be appreciated globally, taking account of all relevant factors; (b) the matter must be judged through the eyes of the average consumer of the goods/ services in question; who is deemed to be reasonably well informed and reasonably circumspect and observant - but who rarely has the chance to make direct comparisons between marks and must instead rely upon the… [read post]
29 Mar 2023, 11:22 am
The company was concerned that the public would confuse the two marks and assume Adidas is affiliated with BLM. [read post]
18 Oct 2018, 6:58 am
Thomas Hvammen NicholsonA trade mark infringement matter which has been making the headlines in Norway the last week concerns the small Norwegian beverage producer O. [read post]
14 Jan 2019, 5:12 am
Hoover, for example, should be described as a trade mark for vacuum cleaners - which is exactly what my Bloomsbury Concise English Dictionary does (except that it adopts the American convention of joining the words "trade" and "mark").The Directive, unhelpfully, prescribes no mechanism for enforcing this right, saying only that the proprietor has the right to request the publisher to put matters right, and that this must be done without delay and… [read post]
9 Dec 2020, 2:10 am
Should knowledge of an alleged trade mark infringer matter for trade mark infringement liability? [read post]
25 Mar 2016, 5:17 am
” Because its claims regarding popularity, trust, and a history of quality were “anchored as a factual matter to the FLANAX mark’s history ‘in the Latino American market,’” they weren’t puffery. [read post]
9 Jan 2024, 8:00 am
” The Federal Circuit also rejected GO’s argument that “[p]er se refusals based on the Informational Matter Doctrine are unconstitutional” because the Board did not make a per se refusal of GO’s mark merely because it contained informational material. [read post]
9 Jan 2024, 8:00 am
” The Federal Circuit also rejected GO’s argument that “[p]er se refusals based on the Informational Matter Doctrine are unconstitutional” because the Board did not make a per se refusal of GO’s mark merely because it contained informational material. [read post]
11 May 2018, 1:24 am
However, the parties were reminded by the US Patent and Trade Mark Office that it only constitutes hearsay and may not be relied upon for the truth of the matters asserted unless a competent witness has testified to the truth of such matters [Fed. [read post]
26 Dec 2019, 7:00 am
Nefarious individuals who are looking for easy marks typically target people who they perceive to be vulnerable. [read post]
9 Sep 2011, 3:16 pm
Well, it doesn't really matter what the standard is, or was, any more, so I won't go into it. [read post]
1 Nov 2012, 6:09 pm
This trade mark licence ends a trail of three decades of litigation cases over money between Apple, Inc and The Beatles. [read post]
8 Jul 2014, 12:20 am
A conflict ensured and Langeschedit took the matter went to court, more precisely before the Higher Regional Court of Cologne (case reference 6 U 38/12 of 9 November 2012). [read post]
25 Jun 2007, 4:53 am
" Therefore, it found that "the marks are distinguished by their respective additional matter," and it concluded that their overall commercial impressions are not similar. [read post]
3 Oct 2010, 9:22 pm
In part 1 of my interview with Mark Lemley we discussed whether the Supreme Court will take the i4i v. [read post]
19 Dec 2017, 6:30 am
(“BRP”) appealed the district court’s denial of its motion for judgment as a matter of law. [read post]
5 Aug 2011, 1:00 am
Todd Henderson (Chicago) have published Do Accounting Rules Matter? [read post]
