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3 Jul 2011, 6:13 am
” (15 U.S.C.A. 1125(c)(4)(B)(2010) Although “Hermes-Paris” is visible on the Birkin bag closure, and Hermes-Paris is indisputably a famous mark, it can’t succeed on the dilution claim because it has not distinguished the word marks form the overall design. [read post]
27 Nov 2019, 2:52 am
As such, it underscores the importance of a licensor exercising requisite control over the licensee’s goods and services for the trademark licence to be valid in order for goodwill to inure to the licensor.2. [read post]
10 Dec 2019, 12:20 am
| Tuesday Thingies | Economics and IP: the good, the bad and the ugly (and a request for reader feedback)? [read post]
11 Apr 2014, 3:18 pm
In the subject case, the critical factors are the fame of the Opposer’s mark, the similarity between the trademarks, and the relatedness of the goods and services. [read post]
21 Jun 2024, 6:00 am
"Whether a claimant has good cause to leave employment is a factual issue for the Board to resolve and its determination will be upheld if supported by substantial evidence" (Matter of Antonaros [Commissioner of Labor], 223 AD3d 1077, 1077 [3d Dept 2024] [internal quotation marks and citations omitted]). [read post]
21 Jun 2024, 6:00 am
"Whether a claimant has good cause to leave employment is a factual issue for the Board to resolve and its determination will be upheld if supported by substantial evidence" (Matter of Antonaros [Commissioner of Labor], 223 AD3d 1077, 1077 [3d Dept 2024] [internal quotation marks and citations omitted]). [read post]
13 Jul 2012, 1:21 am
The reverberations from yesterday's Supreme Court of Canada copyright decisions will be felt for years (good coverage of the decisions include posts from Mark Hayes, IP Osgoode, Barry Sookman, Howard Knopf, the Toronto Star, and the CBC). [read post]
22 Sep 2020, 10:08 am
The Court found that Defendant used the marks “in commerce” by advertising and promoting goods bearing the accused marks. [read post]
3 Mar 2013, 5:06 am
The Board addressed a flavor mark in In re N.V. [read post]
27 Jun 2024, 9:40 am
Specifically, the trademark registration bar must reasonably serve its purpose of identifying and distinguishing goods for the public. [read post]
8 Dec 2015, 10:46 am
§ 843(c)(1). [read post]
3 Mar 2011, 2:13 am
Jesta Fontainebleau Panel explains that for the purpose of assessing what might constitute an equivalent to a common law trade mark right, it is important to understand what a common law trade mark is. [read post]
8 Jul 2019, 9:57 am
In the world of TED Talks, it makes for a good snippet when you hear people like Will Smith and John C. [read post]
26 Jan 2010, 2:34 am
Smith, 279 F.3d 1135, 1147 (9th Cir. 2002) holds that “[s]imilarity of marks or lack thereof are context-specific concepts. [read post]
2 Jun 2024, 10:14 am
If I had to venture into a prediction, then I expect to see Article 2 TEU and/or the related wording of Article 21 of the EU Charter (the latter was specifically referenced in Deckmyn [IPKat here] to suggest that the alleged parody at issue in that copyright case should not be regarded as being lawful by the referring court) referred to also in the upcoming decision in another freedom of expression-related trade mark case: IKEA, C-298/23 [IPKat here and here].While COVIDIOT… [read post]
18 Oct 2020, 1:55 am
Trade marks Guest Kat Nedim Malovic looked into the CJEU decision in C-456/19. [read post]
22 Feb 2018, 1:51 pm
Xpress Retail LLC, 2018 WL 950098, No. 17 C 5596 (N.D. [read post]
30 Aug 2012, 11:25 am
This a guest post from Mark E. [read post]
19 Jul 2020, 9:38 am
| BREAKING: Kymab caught the mouse as sufficiency strengthened by UK Supreme Court in Regeneron battle ([2020] UKSC 27) | When the consumer getting the mark all wrong might be good for the brand holder | [Guest post] Shaping the right form of (IP) protection: The Moon Boot decision(s) | [Guest post] Swedish Patent and Market Court of Appeal applies C-21/18 Textilis in long-running pillow fight | ECtHR finds Russian website blocking approach contrary to Article 10 ECHR… [read post]
9 Oct 2018, 2:33 pm
On question 10, Doe wrote a “D” in the margin of his examination booklet; Student B wrote a large “C” in his margin; both Doe and Student B marked “C” on their Scantron® answer sheets. [read post]
