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27 May 2020, 6:31 am by David Kris
In April 2020, the State Department designated the Russian Imperial Movement (RIM) as a terrorist group, marking the “first time the United States has ever designated white supremacist terrorists. [read post]
26 May 2020, 6:20 am by Rebecca Tushnet
Good faith: This is about whether defendant intended to create confusion, but, given the nature of the question, “the same contextual considerations that apply in considering the likelihood of confusion and assessing the similarity of two marks— namely, the overall context in which the marks appear and the totality of factors that could cause consumer confusion—also apply to a court’s analysis of good faith in the context of fair use… [read post]
22 May 2020, 6:45 am by Sophie Corke
The German Pelham court confirms when sampling is illegalNever Too Late 263 [Week ending May 3] The CJEU (again) on 3D trademarks: the Gömböc judgment | The non-systematic relevance of earlier IP rights: from Gömböc to Brompton Bicycle | Trade marks and mobile apps: the PlanetArt v Photobox saga draws to a close (in PlanetArt's favour) | SkyKicked: High Court confirms trade mark infringement | Is COVID-19 a Nietzschean moment for… [read post]
21 May 2020, 5:56 am by Katharina Schmid (schmid-ip)
  * The Austrian Trade Mark Protection Act (TMA), prohibits the registration of signs which consist exclusively of signs or indications which may serve, in trade, to designate (inter alia) the geographical origin of the goods or of rendering of the service (§ 4 (1) 4 TMA, in accordance with Art 4 (1) (c) of the Trademarks Directive – short “TMD”) (descriptive signs). [read post]
19 May 2020, 11:42 pm by Neil Wilkof
These are predominantly registered in respect of goods in classes 29, 30 and 32. [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]
14 May 2020, 10:18 am by Haley Claxton
” Businesses applying for PPP loans are required to certify that the “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant. [read post]
14 May 2020, 1:32 am by Neil Wilkof
Preparatory acts – goods in transitTrademark owners have the right to stop mere preparatory actions of infringing use (such as packaging) as well as stopping any third party from bringing goods into Greece, even where the goods are not intended to be released for free circulation within the Greek market.5. [read post]
12 May 2020, 3:14 pm by Patricia Hughes
Mark and Emily come to an agreement to have a bench trial. [read post]
12 May 2020, 4:18 am
Moreover, there were no price limitations on the goods, and these are the type of inexpensive goods that are purchased without a great deal of care.As to the marks, each consists of three short words, beginning with JUST and ending with IT. [read post]
11 May 2020, 9:29 am by Larry
Friedman Contact: customslawblog@gmail.com Twitter: @customslawblog (c) 2020 All Rights Reserved. [read post]
11 May 2020, 8:07 am by Dan Maurer
Though this would mark an enormous sea change in historical practice, it gets the U.S. better aligned with most of its allies’ military systems. [read post]
7 May 2020, 9:28 am by Rebecca Tushnet
While it may have gotten religion on the narrowness of its claimed mark now, the lateness of its conversion is a bad sign for the future--and for what other claimants in .com marks may assert, especially in contexts like C&D letters that are harder to regulate. (2) The Freecycle Network, after losing a genericity battle on "freecycle," apparently obtained a trademark registration for Freecycle.org and is now using that to argue that Facebook groups--which… [read post]
6 May 2020, 7:13 am by Overhauser Law Offices, LLC
Number Word Mark 1 6044389 CAMPAIGN AD-CLOUD 2 6042101 PASIC 3 6042098 KEEP MI SMILE 4 6041679 FOOTFIXR 5 6041624 WEIRD WAVES PODCAST 6 6041422 GONZO MUSEUM 7 6041419 GONZO GALLERY 8 6041347 LONGVIDA OPTIMIZED CURCUMIN 9 6044127 DIAMOND SHINE 10 6044098 JUST ONE PENNY 11 6044299 SPORT SERIES 12 6040693 DREAMSTAR 13 6040641 CLEARLY KOSCIUSKO 14 6044251 PUMPKIN CLOVE 15 6040557 QSRSOFT 16 6040478 DA BRAT 17 6040451 NEBULA 18 6040421 CONNECTME 19 6040412 MEI JAYLON SMITH MINORITY… [read post]
5 May 2020, 2:57 pm by Tom Kosakowski
" by Jean Grier"The Innsbruck Descriptors 2015: A Reality Check 2019 with Insights from Spain and Canada" by Marta Alonso de la Varga, Nora Farrell, Paulino César Pardo Prieto, and Natalie Sharpe"The principles of good complaints handling and sharing good/best practice" by Felicity Mitchell, Rosemary Agnew, and Siobhan Hohls"Acción proactiva ombudsman de los estudiantes" by Pedro de Matos Gonçalves"When Ombuds… [read post]
5 May 2020, 5:29 am
"In re Information Builders Inc., Serial No. 87753964 (April 30, 2020) [precedential] (Opinion by George C. [read post]