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29 Mar 2020, 7:22 am
To register a trademark, an applicant must demonstrate that they have good faith plans to use said mark. [read post]
27 Mar 2020, 3:34 am
" Thus Cook Medical teaches that what is relevant is "the existence of third-party marks, not simply the presence in the marketplace of third-party goods bearing some shade of the color at issue. [read post]
26 Mar 2020, 2:00 pm
First, it is unlawful to traffic in goods or services with knowledge that those goods or services bear a counterfeit mark. [read post]
24 Mar 2020, 10:39 pm
Microsoft typically does a good job of updating its apps to take advantage of Apple updates, so I expect that this is coming soon. [read post]
20 Mar 2020, 6:05 am
Curiously, some of the features commonly provided by videoconference software provide a marked improvement over conferences and hearings held in-person. [read post]
20 Mar 2020, 4:45 am
- this time, relating to two sets of proceedings in a dispute with Lenovo.Trade MarksIPKat Eleonora Rosati considered the implications of the judgment of the Court of Justice of the European Union (CJEU) in Constantin Film, C-240/18 P, aka Fack Ju Göhte, in relation to freedom of expression, trade marks, and copyright law.Keeping with the CJEU theme, GuestKat Riana Harvey commented on the decision in Joined Cases C-155/18 P to C-158/18 P, which brought… [read post]
20 Mar 2020, 1:58 am
Importantly, this reading of § 315(c) does not depend on whether the later-filed petition or petitions were time-barred under § 315(b). [read post]
19 Mar 2020, 4:43 am
” The Board did not find those elements present here.Strength of Opposer’s Mark – Under this du Pont factor, the Board considers “[t]he number and nature of similar marks in use on similar goods,” and “addresses marks similar to an opposer’s registered mark, to demonstrate the strength or weakness of that mark. [read post]
17 Mar 2020, 11:29 am
On 4 March, it issued its decision in C-328/18 P Black Label by Equivalenza on the interesting subject of counteraction of phonetic and visual similarity by conceptual differences in trade mark law. [read post]
17 Mar 2020, 10:29 am
I really enjoyed the final version of Brett Frischmann and Mark McKenna's article, "Comparative Analysis of Innovation Failures and Institutions in Context. [read post]
15 Mar 2020, 5:31 am
The CJEU addressed the issue in 2011 in Red Bull v Frisdranken (C-119/10), however, the contract manufacturer in that case did not affix the infringing sign to the goods. [read post]
14 Mar 2020, 3:47 am
In late February, the Court of Justice of the European Union (CJEU) issued its long-awaited [the Opinion of Advocate General (AG) Bobek, on which see here, had been released in July 2019] judgment in Constantin Film, C-240/18 P, aka the Fack Ju Göhte case concerning the interpretation of the morality absolute ground in EU trade mark (EUTM) law.The decision is both interesting and important for a number of reasons, including trade mark law, the role of freedom of… [read post]
13 Mar 2020, 6:21 am
However, the CJEU disagreed with the GC's conclusion that the absence of such a statement would preclude any association between those shops and the goods of the mark applied for.First, the CJEU emphasised that the line of authority derived from Praktiker concerned only applications for registration as TMs and did not concern protection of trade marks registered at the time of the Praktiker judgment (EUIPO v Cactus, C-501/15 P). [read post]
12 Mar 2020, 6:01 pm
CHRISTOPHER SMITH, Plaintiff,v.MOSS LAW FIRM, P.C., Defendant.Civil Action No. 3:18-CV-2449-D.United States District Court, N.D. [read post]
12 Mar 2020, 8:06 am
Mark Weidemaier & Mitu Gulati After trying but failing to locate the fiscal agency agreements underlying Lebanese bond issues, we finally managed to get our hands on this one. [read post]
10 Mar 2020, 2:04 pm
Questions marked in red are those that we consider to be of most interest to petitioners. [read post]
10 Mar 2020, 4:36 am
The Austrian decision reported today (the Innsbruck decision, on appeal from Feldkirch) is a good example. [read post]
10 Mar 2020, 4:00 am
The rise of the modern industrial state (c. 1900) saw companies’ legal needs grow exponentially as governments began to implement more regulations. [read post]
9 Mar 2020, 11:01 am
Lantagne, The University of Mississippi School of Law Jyh-An Lee, The Chinese University of Hong Kong Faculty of Law Mark A. [read post]
5 Mar 2020, 11:02 am
They were being used for the same goods, which were sold in the same shops. [read post]
