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7 Nov 2019, 7:30 am
City of Independence, 445 U.S. 622, 637 (1980)) (internal quotation marks omitted). [read post]
7 Nov 2019, 12:00 am
However, where the infringement constitutes counterfeiting, those damages can be trebled or the trademark owner can elect to recover statutory damages, amounting to potentially $2 million per mark infringed, 15 U.S.C. 1117(b), 1117(c). [read post]
6 Nov 2019, 5:36 pm
(Does sub-section A of clause B permit outcome C under circumstances D, E, etc…?) [read post]
6 Nov 2019, 12:26 am
Notably, it was raised that registering the mark under 'apparatus for locomotion by air and/or water' would be free from objection under s3(1)(b) and (c), as set out in the past case of Jaguar Land Rover Ltd v OHIM regarding a different JLR product [however, this point does arise later, under different circumstances...]Acquired distinctiveness - From Windsurfing Chiemsee, acquired distinctiveness is found if:"the competent authority finds that the relevant… [read post]
4 Nov 2019, 11:03 am
The CJEU stated that European Union law does not preclude the proprietor of a national trademark from opposing the import of identical goods bearing the same trade mark and coming from another Member State, in which said trade mark, which initially belonged to the same proprietor, is currently owned by a third party. [read post]
4 Nov 2019, 6:05 am
Good luck. [read post]
2 Nov 2019, 2:53 am
It turned to CJEU C-65/12 Leidseplein Beheer [here], where the CJEU established that 'due cause' may also relate to the "subjective interests" of a third party using a trade mark or a similar sign. [read post]
31 Oct 2019, 10:00 pm
In addition, he should have good communication skills and explain matters relating to your case in a way you understand.Contact the Law Offices of Mark C. [read post]
31 Oct 2019, 12:37 am
Skykick (C-371/18) – see the earlier blog here. [read post]
30 Oct 2019, 1:05 pm
Also, approaching this as distinctiveness is unsatisfying, b/c it fails to consider cultural value of name in relation to the goods—it’s not just a semantic Q of name’s relationship to the good. [read post]
28 Oct 2019, 3:05 am
Lynch).The Goods and Services: The Board found that the goods overlap in part. [read post]
27 Oct 2019, 12:01 pm
In derogation from Article 7(1)(c), signs or indications which may serve, in trade, to designate the geographical origin of the goods or services may constitute Community collective marks within the meaning of paragraph 1. [read post]
25 Oct 2019, 9:40 am
Registration was granted in 1999 (in 2014 the trade mark was transferred to Rubik’s Brand).In 2006, Simba Toys filed an application for a declaration of invalidity of the mark, on the basis of what are now Articles 59(1)(a) and 7(1)(a)-(c) and (e) EUTMR. [read post]
25 Oct 2019, 7:00 am
The parties’ claims about the rights to use the claimed marks were incompatible.Overhead argued that the court couldn’t determine whether OGD infringed Overhead’s registered marks because Overhead didn’t claim infringement based on its registrations. [read post]
24 Oct 2019, 9:19 am
So the mark was lost for the goods and services to which those marks were applied – such as restaurant services. [read post]
23 Oct 2019, 8:36 am
Mark Martins advised that family members of 9/11 victims would be present in the court’s gallery as it was the anniversary of the 9/11 attacks. [read post]
23 Oct 2019, 1:14 am
EUIPO, decided on Sept. 12, 2019,( C-104/18), the CJEU had to adjudicate whether the goods or services covered by the marks at issue should be identical or similar for the purposes of a finding of bad faith, and perhaps not surprisingly, it said they should not. [read post]
22 Oct 2019, 3:49 am
Goodman).Similarity of the goods and trade channels/consumers: Examining Attorney Mark S. [read post]
21 Oct 2019, 9:02 pm
Iowa This year marked the first phase of Iowa’s tax reform package, which will ultimately convert the state’s nine-bracket individual income tax, with a top rate of 8.98 percent, to a four-bracket tax with a top rate of 6.5 percent, while increasing Section 179 small business expensing and eliminating the state’s unusual policy of federal deductibility. [read post]
21 Oct 2019, 1:23 am
Little time is wasted in stating that the acquisition of rights with no intention to use, and potentially to prevent third parties from using the mark in relation to these goods or services, will indeed constitute bad faith. [read post]
