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2 Mar 2015, 2:43 pm
It is nothing less than the first public response of any national office to the current EPO unrest.* The burden of proof in "double identity" trade mark disputes: rising to the Supreme challengeAfter his earlier note on Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd, Jeremy hosts this post of guest contributor Tim Behean(Sipara, Oxford), which focuses on just one aspect of this multifaceted ruling: burden of proof in so-called "double identity" actions in… [read post]
30 Jun 2020, 8:29 am by Rebecca Tushnet
And even where some consumer confusion exists, the doctrine known as classic fair use, protects from liability anyone who uses a descriptive term, “fairly and in good faith” and “otherwise than as a mark,” merely to describe her own goods. [read post]
31 Oct 2018, 2:23 pm
Can a US corporation selling construction software only in the Americas under the name ARGOS be sued for infringement of a registered trade mark by a UK- based consumer goods retailer who trades mainly in the UK and Ireland under the same name? [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]
31 Mar 2014, 3:26 am
[Yes]Section 2(c) - Consent of Living Individual:Precedential No. 12: TTAB Reverses Section 2(c) Refusal of FRANKNDODD for Legislative Information ServicesSection 2(d) - Likelihood of Confusion: CAFC Affirms TTAB: STONE LION CAPITAL Confusable With LION and LION CAPITAL for Financial Services Test Your TTAB Judge-Ability On These Four Section 2(d) AppealsPrecedential No. 9: MINERS For Professional Baseball Goods Confusable With MINERS For Collegiate Sports GoodsTest Your… [read post]
5 Jul 2011, 10:17 am
 That's probably why the dispute in Case C-263/09 P Edwin Co. [read post]
14 Apr 2021, 5:09 am
The Board agreed with Examining Attorney Giancarlo Castro that the genus of goods is adequately defined by the identification of goods. [read post]
10 Sep 2014, 2:06 pm
 Affixing the ‘Purrari’ styling and offering the car for second-hand sale may engage trade mark law to the extent that Deadmau5 is affixing signs to identical goods to those for which the trade marks are registered. [read post]
26 Feb 2010, 3:08 pm by Mark Terry
Marco & Sons, Inc., 55 USPQ2d 1298, 1300 (TTAB 2000) Interestingly, however, if Plaintiff has a bona fide intent to use the same mark for related goods, and is about to file an intent-to-use application to register the mark, and believes registration of the mark will be refused in view of respondent's registration, this satisfies the "damaged" requirement. [read post]
26 Jun 2015, 4:10 am
 Writes Nick:The CJEU proceedings in Case C-34/10 concerned the German national patent. [read post]
11 Nov 2018, 10:30 am
The case has taken an interesting turn, where the  claim has been transformed into a a claim of l breach of good business practice arising from  “unsavoury” ridicule: Norway: Ridicule as a response to claims of trade mark infringement.Marques offers a sneak-peek into its annual Question the IP Judges event, which took place at UCL in London on 18 October. [read post]
15 Apr 2019, 6:22 am by Rebecca Tushnet
  [The I heart DC case might be a good place to start with this argument.]Until we have more statutory defenses, categorical exclusions for [read post]