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12 Jul 2016, 11:39 am
Face planting - the AmeriKat's new pastime after a summerof political mayhemFor those readers who fancy a change from Brexit and UPC-fate related news, preferring instead a reminder of good, old fashioned IP cases, you are in luck. [read post]
23 Jan 2014, 2:31 am
In any case, a single third-party use of a mark (HOLLISTER CALIFORNIA & Design) that includes a silhouette of a bird is not enough to show that opposer's mark is weak. [read post]
12 Jan 2016, 4:34 am
Article 97 of the EU Trade Mark Regulation (EUTMR, the content of which will not be substantially affected when Regulation 2015/2424 enters into force in March [here and here]) sets a number of grounds to determine international jurisdiction in cases of alleged infringement of a EU trade mark. [read post]
8 Jul 2018, 5:08 am
Or read Mark Bennett’s advice on how to respond truthfully during voir dire and still not be deselected as a juror. [read post]
25 Jan 2010, 7:27 am
If that’s true, when is the 1-year mark? [read post]
25 Jan 2010, 7:27 am
If that’s true, when is the 1-year mark? [read post]
10 Jul 2015, 7:24 am
Does this mean that a swing back to acceptance of survey evidence must follow in trade mark case law? [read post]
3 Jul 2007, 1:26 pm
I sat down with Mark Britton, founder and CEO of Avvo, at Starbucks in Pioneer Square this Monday. [read post]
16 Oct 2018, 3:14 am
" The Board distinguished four cases cited by applicant that involved more stylized and distinctive marks, including these two: As to the design element, the Board observed that "common geometric shapes such as circles, ovals, rectangles, triangles, diamonds and stars, when used as backgrounds for the display of word or letter marks, are not regarded as trademarks for the goods to which they are applied absent evidence of distinctiveness of the design alone. [read post]
21 Jan 2019, 8:38 am
Accordingly, OJC was authorized to place the UL mark on the MEGA-1 cylinders as a sign that they have been tested and conform to the UL safety standards.This case is not about MEGA-1 canisters. [read post]
23 Sep 2011, 5:51 am
“Bernstein Leibhard has been chastised by a federal judge for revealing after six years of lawyering that the lead plaintiff in a securities case never bought the funds at issue. [read post]
24 Jan 2022, 7:32 am
In any case, the requirements for trade mark registration and copyright are and remain obviously distinct. [read post]
2 Feb 2012, 9:56 am
False marking cases have found that a sufficiently plausible claim of patent right precludes a false marking cause of action, and the court here borrowed that reasoning. [read post]
17 Feb 2015, 2:38 pm
"In the case of alleged online trade mark infringements, where would this place be located? [read post]
21 Jan 2016, 8:26 pm
Or, you can email me at mark@blanelaw.com, or download any of my FREE Ebooks from this website. [read post]
10 Nov 2008, 3:00 am
” According to the PTO brief, the same issue has been raised in two other pending cases: Harrington v. [read post]
7 Jan 2020, 1:58 am
Therefore, he confined the findings to the present case, while acknowledging that they may have parallel applications in other situations.The most significant factors for present case were (i) whether the mark amounted to real commercial exploitation of the mark on the market for the relevant goods or services; and (ii) was the use of the mark deemed to be justified in the economic secto [read post]
1 Dec 2019, 7:52 pm
In a recent case decided in November 2019, the Trademark Trial and Appeal Board (the “Board” or the “TTAB”) sustained an opposition filed by Baccarat S.A. on various grounds including likelihood of confusion. [read post]
19 Mar 2008, 1:05 am
See "Changes in the Requirement for a Description of the Mark in Trademark Applications," Federal Register, Vol. 73, No. 11 (March 14, 2008), Pages 13780-13784 (pdf here).SUMMARY: The United States Patent and Trademark Office ("USPTO") amends the Rules of Practice in Trademark Cases to require a description of the mark in all applications to register a mark not in standard characters. [read post]
11 Aug 2008, 3:09 pm
Weighing in at 48 A4 pages (but oddly, only eighty-odd paragraphs), the case could easily be subtitled ‘foodmixers at dawn'. [read post]
