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20 Jul 2022, 10:43 am by Rebecca Tushnet
At this stage, the court need not resolve whether plaintiffs pled—or could prove—any rights in “color copper” the phrase on its own or colorcopper.com, the registered design mark sufficed to plead ownership of a protectable mark. [read post]
23 Oct 2019, 1:14 am by Sara Parrello
EUIPO, decided on Sept. 12, 2019,( C-104/18), the CJEU had to adjudicate whether the goods or services covered by the marks at issue should be identical or similar for the purposes of a finding of bad faith, and perhaps not surprisingly, it said they should not. [read post]
30 Jan 2012, 2:02 am by John L. Welch
The Board observed that Section 2(c) and 2(d) contain express exceptions like that which Applicant proposes. [read post]
10 Mar 2009, 8:05 pm
  For this concert, Keene used an organ accompaniment performed by Mark Kruczek rather than hiring an orchestra. [read post]
8 Jun 2015, 10:55 am
, while IPKat team blogger Jeremy draws attention to yet another trade mark case making its way to the Court of Justice of the European Union (CJEU) in Luxembourg, a tricky jurisdictional poser from Romania in Case C-275/15 Taser International. [read post]
20 Jun 2008, 10:47 am
As a reminder, the following italicized questions come from Jane C. [read post]
18 Aug 2021, 7:10 am by Rebecca Tushnet
Even after the C&D, the RP&G defendants continued to sell “Sturgis” rally products in the good-faith belief that the term “Sturgis” was generic, a belief validated by the Eighth Circuit’s endorsement. [read post]
17 Apr 2017, 6:56 am by Rebecca Tushnet
” The allegedly infringing watches were marked with “NY & Co. [read post]
12 Jul 2011, 7:12 am
Here in Part III, in alphabetical order, are some early responses to this morning's Court of Justice ruling in Case C? [read post]
11 Jan 2007, 10:13 am
The statutory ground relied upon by FN-Canada in opposing FN-US's registration is Section 2(d) of the Lanham Act, which provides in relevant part: [No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it] [c]onsists of or comprises a mark which so resembles a mark registered in the Patent and Trademark Office, or a… [read post]
12 Jul 2013, 7:45 am
In April 2008 BEST applied for the Benelux figurative trade mark BEST for goods and services in Classes 7, 9, 40 and 42 of the Nice Agreement. [read post]
17 May 2015, 1:08 am
” (emphasis added).If a trade mark proprietor has a registered trade mark, the type of monopoly outlined in para 62 is exactly what he can expect to obtain (at the very least, while the registration is still within the non-use grace period, and respect of a certain set of goods and services). [read post]