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30 Sep 2019, 11:00 pm
Arnold agreed that this was beyond dispute that each of the Target Websites were using signs identical to the Trade Marks in the course of trade in relation to goods identical to those for which the Trade Marks are registered without consent. [read post]
7 Dec 2015, 1:04 pm by Benjamin Wittes
Military Commissions Chief Prosecutor Mark Martins issued the following statement over the weekend in advance of this week's pre-trial hearings in the 9/11 case: CHIEF PROSECUTOR MARK MARTINS REMARKS AT GUANTANAMO BAY 5 DECEMBER 2015 Good evening. [read post]
23 Jul 2010, 9:17 am by admin
  The Panel finds that Respondent has not used the domain name in connection with a bona fide offering of goods or services under Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use under Policy ¶ 4(c)(iii)….Respondent allegedly registered the domain name on that same day, and immediately began offering it for sale. [read post]
6 Mar 2024, 7:44 am by Jocelyn Bosse
The Tribunal held that there was both trade mark and copyright infringement.Anna Maria Stein outlined the findings of the UKIPO's report on “The impact of complicit social media influencers on male’s consumption of counterfeit goods in the UK. [read post]
30 Dec 2021, 1:39 pm by Alexandre Miura
 Our Katfriend Becky Knott reported on an interesting decision of the General Court that is notable for the degree to which the court analysed the properties of the relevant goods in determining trade mark non-use of a famous energy drink manufacturer. [read post]
15 May 2020, 4:17 am
See Trademark Rules 2.122(c) [documents attached to a pleading are not in evidence] and 2.122(d) [but a status and title copy or the electronic records of a pleaded registration submitted with the petition is accepted into the record].Petitioner alleged that it has used the DM'S mark since 1992, but it failed to produce any evidence to make that fact of record. [read post]
7 Feb 2014, 11:37 am by Kevin Goldberg
 But it’s certainly a good reminder not to infringe those marks. [read post]
18 Mar 2022, 4:07 am
A TTAB judge once said to me that you can predict the outcome of a Section 2(d) appeal 95% of the time by looking at the marks and the goods/services. [read post]
9 Feb 2014, 4:20 am
One of the main functions of a trade mark is to guarantee the origin of goods and services. [read post]
9 Apr 2010, 2:17 am by gmlevine
Passage of time can support a respondent’s defense of legitimate interest if “before any notice” it used “the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services,” paragraph 4(c)(i) of the Policy. [read post]
5 Aug 2024, 7:26 am by Söğüt Atilla
This volume covered ten cases on various aspects of trade mark law, including the non-use period of a trade mark and trade mark acquiescence, platform liability, taking unfair advantage of the goodwill and reputation of another trade mark, the role of post-sale confusion in the assessment of likelihood of confusion, the difficulties of proving acquired distinctiveness for colour marks and maintaining their registration, the relevance and different impacts… [read post]
27 May 2019, 2:31 am
The GC holds that, according to Rule 20(7)(c) of Regulation 2868/95, the EUIPO may suspend opposition proceedings where a suspension is appropriate in the circumstances at issue. [read post]
13 Dec 2015, 4:01 pm
 * C'MOn C'MOn - Music PublishingA group of researchers, industry and policy makers gathered at Birkbeck workshop to debate recent research on music publishing -- and Nicola was there for the most rock&roll IP blog ever.* Dreams are my reality: a new EU copyright event…and talking about rock&roll, here’s the brand new eLAWnora copyright event, which will take place on 14th January 2016 in London.* Brussels Court of Appeal: no exhaustion… [read post]
25 Oct 2010, 8:39 am by admin
In addressing the second element the Panel made the following observations: Under Policy ¶ 4(c)(i), use of a domain name in connection with a bona fide offering of goods is sufficient to establish rights or legitimate interests in the domain name for purposes of ¶ 4(a)(ii). [read post]
4 Jul 2016, 11:33 am
However, because most clients for marketing purposes prefer a mark that bears some connection to the goods or services, we are called upon to seek registration of marks that are, if not generic, arguably descriptive. [read post]
16 Oct 2018, 12:28 pm by Andrew Appel
The Dominion ImageCast Evolution looks like a pretty good voting machine, but it has a serious design flaw: after you mark your ballot, after you review your ballot, the voting machine can print more votes on it!. [read post]