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3 Feb 2024, 10:59 am by Rebecca Tushnet
There’s also resonance with the defense of overreaching C&D letters—“we have to protect our trademark! [read post]
2 Feb 2024, 2:56 pm by Rebecca Tushnet
Mark Lemley: a surprising number of your examples involved women. [read post]
30 Jan 2024, 12:45 pm by Broussard, David & Moroux
This year marks the 50th anniversary of practicing law for one of Broussard, David & Moroux’s founding partners, Richard C. [read post]
30 Jan 2024, 9:00 am by Marcel Pemsel
The CJEU held that the trade mark owner is not required to adopt a marking system that allows verification by third-parties whether a particular product was destined for the EEA market (Harman International Industries, C-175/21 at para. 53). [read post]
29 Jan 2024, 6:02 am by Alessandro Cerri
 In respect of unfair advantage, the Court noted that, following L’Oréal SA v Bellure NV (C-487/07), what it was concerned with was whether Aldi had attempted to take advantage of, or ride on the coat tails of the Mark, in order to exploit it and gain a benefit from its reputation and Thatchers' marketing efforts which have been made by Thatchers.It would also suffice if the objective effect of Aldi's use was to enable it to benefit from… [read post]
The limitations of the trade mark right under Article 14(1)(c) EUTM Regulation (referential use) do not apply to such use. [read post]
25 Jan 2024, 8:12 am
Together they describe the epistēmē (understood as "the strategic apparatus which permits of separating out from among all the statements which are possible those that will be acceptable" Foucault, Power/Knowledge (C. [read post]
25 Jan 2024, 7:45 am by Anna Maria Stein
Since then, Lego has been trying to find other means of protection for its brick, whether as trade mark, design or copyright. [read post]
25 Jan 2024, 4:16 am by Alessandro Cerri
  (c) the trade mark for the purpose of identifying or referring to goods or services as those of the proprietor of that trade mark, in particular, where the use of the trade mark is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts. [read post]
24 Jan 2024, 6:20 am by Unknown
“Normally, having choices is a good thing,” he added in remarks at the 51st Annual Securities Regulation Institute. [read post]
22 Jan 2024, 8:24 pm
The motives are mixed--either from seeking to do good in a disastrously bad way, or more pragmatically, from the desire to "belong to a privileged caste" [de querer pertenecer a una casta privilegiada]" (Ibid.). [read post]
22 Jan 2024, 6:05 am by Thomas Carothers
President Joe Biden, in his national security strategy, described autocratic powers that are “working overtime to undermine democracy and export a model of governance marked by repression at home and coercion abroad. [read post]
19 Jan 2024, 3:49 am by Andrew Lavoott Bluestone
Co. of Am. v Housing Auth. of the City of El Paso, Tex., 87 NY2d 36, 44; C & B Enters. [read post]
15 Jan 2024, 9:31 am by Marcel Pemsel
Both trade marks concerned identical goods. [read post]
12 Jan 2024, 7:31 am by Guest Author
But, as explained in our brief and in many others, Macomber has been narrowed to its facts over the decades and for good reason: Applying its logic broadly is inconsistent with how aspects of the income tax code operate now and arguably even at the time it was decided. [read post]
10 Jan 2024, 3:30 am
Instagoods refused to consent to the request, but the Board found that Instagram established “good cause” under Trademark Rule 2.120(c)(1). [read post]