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13 Oct 2020, 3:14 pm by familoo
There are problems with re-issued updated versions and having to make decisions about whether to stitch new documents into your existing marked up bundle or to ditch the marked up one and start again on the fresh one, but these are comparatively minor issues and not a problem with the bundle per se. [read post]
12 Oct 2020, 2:30 am by Nedim Malovic
It implies some interdependence between the factors taken into account, in particular the similarity between the signs and the goods or services covered, in the sense that a lesser degree of similarity between these goods or services may be offset by a greater degree of similarity between the marks, and vice versa (C-39/97, Canon).The average consumer of printed publications, clothing, or beer has no reason to believe that all trade marks that show scenes… [read post]
8 Oct 2020, 8:56 am by Kristian Soltes
Legal and Regulatory Developments SPOTLIGHT: House Panel Says Big Tech Wields Monopoly PowerWall Street Journal – October 6, 2020 America’s biggest technology companies have leveraged their dominance to stamp out competition and stifle innovation, according to a Democratic-led House panel, which said Congress should consider forcing the tech giants to separate their dominant online platforms from other business lines. [read post]
8 Oct 2020, 3:13 am
" The Board found that BEYONCE' and FEYONCE look and sound alike (Although applicant's mark "could be pronounced as 'fiancé,' the mark could just as plausibly be pronounced as 'fey-on-cé' and be perceived as a direct play on the name of the popular singer Beyoncé. [read post]
The mark was refused by EUIPO and the Board of Appeal confirmed,  holding that “in view of the goods for which the mark had been sought and the evidence submitted, the choice of colours [purple] referred to the main active ingredients, the use for which the medicinal product is intended and its characteristics”. [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]
30 Sep 2020, 2:41 am
Beyoncé's BLUE IVY CARTER Trademark Application Survives TTAB Opposition TTABlog Test: Is TEQUILUSA for Alcoholic Beverages Confusable with the TEQUILA Certification Mark? [read post]
28 Sep 2020, 3:00 am by Joshua Holt
The key safety, tech, and driver assistance features of Nissan Leaf 2020 are as followed: 8.0 inches touchscreen, Bose audio system, Apple CarPlay and Android Auto One USB-C port and three standard USB ports Adaptive cruise control Camera system to provide surround-view Automatic forward collision alert, pedestrian detection, emergency front braking, emergency rear braking, blind-spot monitoring, warning for lane departure warning, traffic sign recognition, lane keep assist, rear-cross… [read post]
However, in Gomboc [C-237/19], the European Court of Justice, “CJEU”,  held that shapes of decorative items, as well as shapes that may be protected by other forms of intellectual property rights, are not automatically deemed as providing substantial value to the goods themselves and therefore considered non-registrable. [read post]
23 Sep 2020, 1:09 am by Agnieszka Sztoldman (Taylor Wessing)
On 17 September the CJEU handed down a long-awaited judgment on a matter that thrilled sports fans and the IP community (C-449/18P, C-474/18P, available in French and Spanish). [read post]
22 Sep 2020, 4:17 pm by Eugene Volokh
" "Matter of public concern" includes an issue related to: (A) health or safety; (B) environmental, economic, or community well-being; (C) the government; (D) a public official or public figure; or (E) a good, product, or service in the marketplace. [read post]
21 Sep 2020, 6:08 am by Trey Herr, Garrett Hinck, Tim Maurer
Contemporary models of corporate governance are an exemplary way to drive innovation while also keeping the trains running on time, but they get low marks for popular accountability and transparency. [read post]
21 Sep 2020, 1:00 am by Alex Woolgar
The application was opposed under sections 3(1)(b), 3(1)(c) and 3(1)(d) Trade Marks Act 1994. [read post]
19 Sep 2020, 6:30 am by Guest Blogger
We wish to offer a few general remarks on some themes at the heart of the project: the idea of cycles in politics, and of different modalities (“time”), whether progression (in a “linear” fashion or otherwise) and repetition (albeit “rhyming” not repeating, to follow Jack following Mark Twain – and, more recently, Seamus Heaney and Joe Biden.) [read post]