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3 Aug 2020, 12:52 pm by Riana Harvey
Rather, it is a purely random and incidental aspect of the goods which does not have any direct and immediate link with their nature.Therefore, the GC came to the conclusion that the Board had infringed Art 7(1)(c) EUTMR in finding that 'Off-White' would be descriptive of the goods for which registration was sought.The independence of absolute grounds for refusalTurning to Art 7(1)(b) EUTMR, the GC noted that the absolute grounds for refusal… [read post]
31 Jul 2020, 12:38 pm by Rebecca Tushnet
  Results: nearly all good terms carrying positive affect are already registered. 1000 most frequently used words are 65% registered as single-word marks, covering 69.4% of all word usage, and of the most 20,000 frequently used words, 77.3% of all word usage is a word registered as a single-word marks. [read post]
30 Jul 2020, 1:32 pm by Nedim Malovic
The necessity of a ‘link’ is not explicitly mentioned in Article 8(5) EUTMR but has been established through case law, notably in C-408/01, Adidas and C-252/07, Intel.On the basis of the evidence submitted by the parties, the Board found that the contested goods have different natures, purposes, methods of use, origins, and distribution channels. [read post]
29 Jul 2020, 10:31 am by Rebecca Tushnet
If not—if de facto secondary meaning is de jure secondary meaning—then this methodology is perfectly good in itself to answer the relevant questions. [read post]
29 Jul 2020, 6:01 am by Zoe Bedell, John Major
Courts have consistently held that “[c]onsistency with the authorizing statute is as much a predicate for validity for an Executive Order as for an agency regulation. [read post]
28 Jul 2020, 9:21 am by familoo
(You can read the judgment here : C (A Child) [2020] EWCA Civ 987 (24 July 2020)). [read post]
27 Jul 2020, 6:52 am by Nedim Malovic
Accordingly, a lesser degree of similarity between the goods or services in question, may be offset by a greater degree of similarity between the marks, and vice versa (C-39/97, Canon). [read post]
26 Jul 2020, 11:00 pm by Peter Ling
Picture on the left in the public domain.Picture on the right (c) by Dr Judit Banhidi [read post]
26 Jul 2020, 1:36 am by Neil Wilkof
Such external factors are only to be considered at step (c).Similarity of Marks and Similarity of Goods The Registrar found that the marks were similar, as follows: (i) Visually, the marks were of relatively similar length and the entirety of the Application Mark was encompassed within the Opponent’s Mark. [read post]
In such cases, the conceptual closeness, and even identity, together with some visual similarity of the signs, and the identity of the goods, is not sufficient if the prior mark is not particularly distinctive. [read post]
24 Jul 2020, 8:36 am by Andrew Kent
The “faithful execution” duties imposed on public officials directed them to follow the standing law; avoid taking unauthorized profits or engaging in other financial corruption; carry out the law and their duties honestly, impartially and diligently, focusing on the public good rather than private benefit; stay within their limited authority as they executed their offices; and to account for official funds and their official acts at the direction of the legislature. [read post]
24 Jul 2020, 7:18 am by Eric Goldman
As such, all uses of Brandy Melville’s marks that appear on Redbubble’s website are presumptively infringing. [read post]
24 Jul 2020, 6:23 am by John Jascob
By Lene Powell, J.D.In a virtual reunion marking the Dodd-Frank Act’s 10th anniversary, the Act’s chief architects gathered in home offices and living rooms to celebrate successes, reflect on the current economic crisis, and mull remaining areas of reform. [read post]
24 Jul 2020, 4:37 am
La Scala Restaurants, Corp., Opposition No. 91241804 (July 22, 2020) [not precedential] {Opinion by Judge George C. [read post]
20 Jul 2020, 9:01 pm by News Desk
To qualify for digital inspections, establishments would typically be operating at levels C and D. [read post]