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21 May 2010, 3:19 am
That the right to free speech may trump trade mark rights was recognised by the Constitutional Court of South Africa in Laugh It Off Promotions v South African Breweries etc., 27th May 2005, Case CCT 42/04 [on which see IPKat here]. ...14. [read post]
30 Jul 2010, 9:58 am
Facebook, valued at $24.9 billion, would use the time to propel its user base beyond the 500 million mark reached this month and add to sales that two of the people said may double to at least $1.4 billion in 2010 from $700 million to $800 million last year.Source: www.bloomberg.comDate: July 30, 2010 [read post]
5 Feb 2024, 9:11 am
As a consequence of this decision and as a general rule, the original manufacturer’s trade mark may not be affixed to a spare part, even if the sign is part of the design (or necessary to mount the trade mark). [read post]
27 Oct 2009, 9:40 am
However, as EPA acknowledges, the accuracy of its conclusions regarding household-level conclusions may be limited by the difficulty of precisely modeling micro-economic activity. [read post]
4 Nov 2009, 7:00 am
by Mark Drumbl [Mark A. [read post]
16 Feb 2017, 3:41 am
In re Oak Park Brewing Company, Inc., Serial No. 86329948 (February 14, 2016) [not precedential].Material alteration: In an application under Section 1(b), an applicant may amend the drawing of the mark if "[t]he proposed amendment does not materially alter the mark. [read post]
17 May 2013, 5:00 am
Training Accountability Listening Hiring and Promotion Reflections on the updated COSO Internal Control Framework by Norman Marks I am still in the process of my detailed review of the update. [read post]
14 Jun 2012, 6:25 am
It's Case T-233/10 Nike International Ltd v Office for Harmonisation in the Internal Market, Intermar Simanto Nahmias, a General Court (First Chamber) decision on a Community trade mark (CTM) appeal that harks back all the way to 25 May. [read post]
16 Jul 2010, 8:43 am
To summarize, Judge Everingham concluded that Promote’s complaint stated a claim upon which relief may be granted because it alleges that the defendant marked its products with expired patents, pleads intent with sufficient specificity, and asserts that the alleged false mark was placed on the products. [read post]
18 Jan 2015, 4:27 am
As for the Article 7(1)(b) objection, this will presumably depend on the nature of the goods and services for which the application is made and on the perspective of the relevant consumer, and it is an objection that can be overcome by evidence of acquired distinctiveness through use under Article 7(3), so this is a ground on which an application by a determined applicant may be delayed but not ultimately denied.Neither the IPKat nor Merpel are aware of any other trade mark… [read post]
28 Jul 2011, 9:35 am
Rule 9(b) applies to false marking claims. [read post]
28 Apr 2011, 2:43 am
As to the CAFC indication that the Board may look at "illustrations of the mark as actually used," that is of little help when, as here, that application is based on intent-to-use.Text Copyright John L. [read post]
2 Oct 2017, 8:12 pm
Their new logo would likely be opposed by the FA and depending on the current practice of the Registry their old logo may attract an objection because it features the pound currency sign so prominently. [read post]
25 Jan 2018, 3:52 am
Will the trade marks fun fair last? [read post]
25 May 2011, 1:37 am
The mark was registered in 12 May 2006, so rather more than five years has elapsed and it is disappointingly apparent to this Kat that the mark has not been used for all the goods and services within its ample specification [Not that it matters, the Trade Marks Act 1994, s.46 (1), provides that "The registration of a trade mark may be revoked on any of the following grounds- (a) that within the period of five years following the date of… [read post]
18 May 2009, 9:17 pm
" As the Board has previously stated, "Even technically trained purchasers who are extremely familiar with expensive machinery may be confused when similar marks are used with respect to the same goods. [read post]
11 Jun 2009, 11:00 pm
" When they see the other marks, won't consumers think that these more stylized marks may just be fancy versions of Applicant's simple "CL" mark? [read post]
5 Mar 2018, 4:50 pm
"The Supreme Court May Revive a Legal Theory Last Used to Strike Down New Deal Laws": Mark Joseph Stern has this essay online at Slate. [read post]
2 Jan 2019, 7:24 pm
“Lower Court Split on School Board Prayer May Hasten Supreme Court Review”: Mark Walsh has this post at the “School Law” blog of Education Week. [read post]
"Marriage Equality May Soon Be in Peril: How the Supreme Court could overturn Obergefell v. Hodges."
5 Jul 2017, 7:25 pm
" Mark Joseph Stern has this jurisprudence essay online at Slate. [read post]
