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16 Aug 2016, 1:30 am by Jani Ihalainen
What seems to remain key here is the reapplication of the mark onto the new packaging by Trojan, which, according to the Court, should be covered by the section through a much wider interpretation of it. [read post]
17 May 2023, 4:07 am
Starbucks thus had to rely on its registered logo marks for its priority claim, two of the registrations covering coffee and clothing (including the mark shown in the lower right corner above). [read post]
23 May 2015, 5:25 am
Therefore, the likelihood of confusion was excluded in the light of the dissimilarities of all marks involved.In respect of the earlier word F1 marks, the Court said that the F1H2O application had weak visual and phonetic similarities, as the F1 element was shared by all marks, but they were offset by the conceptual differences between the marks. [read post]
24 Sep 2018, 3:20 am
” As a result, the Board found the goods to be related in nature.Trade Channels: Applicant claimed that the registered mark covered “promotional clothing items offered in connection with nutrition bars” which did not overlap with its electric bicycles. [read post]
24 Oct 2018, 9:45 pm by Andrew Hudson
If the parallel importer can establish that a reasonable person, after making inquiries, would have concluded that the trade mark had been applied by, or with the consent of, any one of the following parties, there will be no trade mark infringement: the registered owner or authorised user of the trade mark; a person permitted to use the trade mark by the registered owner or authorised user; a person permitted to use the trade mark by an authorised user… [read post]
13 Aug 2015, 3:55 am
" However, third-party registrations covering both non-medicated cosmetics and medicated skin moisturizers and cleansers persuaded the board that the goods are related for purposes of Section 2(d). [read post]
14 Apr 2023, 4:02 am
The Board, however, deemed these registrations of limited probative value because they do not cover the goods in the cited registration, namely, vehicles. [read post]
13 Mar 2013, 6:15 am
Two weeks ago German media reported (here and here) that a sculpture of KNUT, covered in his own skin and with a damp nose (?!) [read post]
17 Sep 2024, 4:41 am
Some were for unrelated goods and services, others covered marks that contained matter additional to BRAINCARE, thereby distinguishing the marks. [read post]
3 Jun 2011, 8:39 pm by John Ottaviani
Ira Green alleges that JL Darling is misleading the public by claiming its books and notepads are covered by a U.S. patent, when that patent does not cover the books and notepads in question.The "false marking" provisions of the federal patent law make it illegal to put a patent number on a product that is not in fact covered by that patent "for the purpose of deceiving the public. [read post]
6 Aug 2015, 9:30 am by azatty
And so I suppose few will mark the eventual passing of the State Bar of Arizona Membership Directory. [read post]
9 Jun 2010, 2:31 pm
The differing approaches between OHIM and the IPO with regard to scope is thus as follows: at OHIM, a trade mark which is registered for a class heading will be deemed to cover all the goods and services in the class in question. [read post]
15 Jan 2024, 9:31 am by Marcel Pemsel
It covered goods in class 3 (inter alia ‘personal care products; oral hygiene preparations; perfumery and fragrances’) and wholesale as well as retail services in class 35 for the goods in class 3. [read post]
18 Dec 2020, 10:55 am by Hayleigh Bosher
Trade secrets is covered in chapter 17 by Sharon Sandeen (Mitchell Hamline School of Law), who considers in particular the acquisition by improper means prong of US trade secret law.PART III trade marks, designs and unfair competitionPart III covers trade marks, designs and unfair competition in 5 chapters; including trade mark protection for digital goods by Mark McKenna (University of Notre Dame) and Lucas Osborn (Campbell University), The… [read post]
Accordingly, the appellate court vacated the preliminary injunction to the extent that it enjoined the sale of products that the mark owner chose not to buy back, and it remanded the case for reexamination of which product lines were covered by the injunction (Really Good Stuff, LLC v. [read post]
23 Oct 2012, 8:21 am by Irene
General Mark Martins argued vigorously for keeping the defendants in the courtroom (to the extent they were not so disruptive as to make their presence impossible) so that justice might be served in person. [read post]
6 Apr 2011, 2:13 am by John L. Welch
Applicant bristled, and argued otherwise.According to the Examining Attorney, the term "brushes for pet care" is broad enough to cover "toothbrushes for animal use. [read post]
24 Nov 2011, 1:10 am
What is central is simply whether the licensee acts within the terms of the licence and the licence covers all or some of the goods/services for which the mark is registered. [read post]