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8 Jun 2007, 1:41 am
As regards the question whether the registered trade mark 'ROCKBASS' is directly descriptive of all the goods claimed, the Court misapplied Article 7(1)(c) of the Community Trade Mark Regulation. [read post]
28 Sep 2011, 11:44 pm
The bill has some good provisions, but the unwillingness to budge on digital locks - even as the U.S. has created new exceptions - is easily its biggest flaw. [read post]
16 Feb 2010, 4:10 pm
Fragment: Decretales Gregorii IX, with gloss (Bologna or Avignon)Date: c. 1240-50Found in: Massa, Antonio. [read post]
2 Nov 2010, 4:55 pm
Mark Kirk (R, F) wins. [read post]
6 Mar 2015, 12:09 pm
There was no evidence of intentional copying; they issued C&Ds to other businesses that used the phrase, but that alone fell short of showing intentional copying. [read post]
16 Mar 2012, 1:10 pm
Bancorp, Inc., 650 A.2d 1270, 1289-90 (Del. 1994) (citations, footnotes, and internal quotation marks omitted). [read post]
23 Jun 2008, 7:31 pm
By the way, I never got around to posting on the Spitzer hooker's tattoo, which was (a) perfectly good Latin, (b) metrical, and (c) amusingly ambiguous ('I stay strong/healthy with protection' = 'by insisting on condoms'? [read post]
27 Aug 2015, 8:31 am
Whether features of a (usually three dimensional) sign that was formely protected by a patent can be the object of a valid trade mark registration has been the subject of quite a few decisions (see C-48-09 P (LEGO brick), IPKat post, joined Cases C‑337/12 P to C‑340/12 P (Yoshida knives), IPKat post, and TrafFix Devices, Inc. v. [read post]
15 Oct 2018, 12:52 am
However, by the time of the appeal, the only remaining claim was to Argos Systems taking unfair advantage of the distinctive character of the ARGOS mark i.e. the Article 9(1)(c).TargetingOn target? [read post]
17 Mar 2009, 12:30 pm
Louis Vuitton Malletier (C- 236/08), one of the three joined cases C-236/08, C-237/08, C-238/08 which the French Cour de Cassation had referred to the ECJ for preliminary rulings (see the IPKat's post here). [read post]
21 Aug 2012, 6:58 am
Of these cars, only the Infiniti G, the Volvo S60 and the Acura were marked with good or acceptable ratings. [read post]
7 Sep 2010, 5:50 am
You may use the word copyright, but "C" in a circle says the same thing and is necessary for international protection. [read post]
9 Jun 2016, 2:01 pm
Dinwoodie: what the courts in UK have said about limping marks would invalidate a lot of marks. [read post]
22 Oct 2018, 6:53 am
Village Car Co., 120 USPQ2d 1146, 1149 (TTAB 2016) (“Fraud will not lie against an applicant who holds an honest, good faith belief in its right to register a mark and signs an application with the statutorily prescribed ownership statement which is phrased in terms of subjective belief. [read post]
24 Sep 2019, 1:52 pm
” Nor was it bad faith to continue using PELOTON after receiving the C&D. [read post]
2 Nov 2006, 1:30 am
On Tuesday, 7 November there's a hearing before the Grand Chamber in Case C-17/06 Céline, this being a reference for a preliminary ruling from the Cour d'appel de Nancy on the following question: "Must Article 5(1) of Directive 89/104 [the Trade Mark Harmonisation Directive] be interpreted as meaning that the adoption, by a third party without authorisation, of a registered word mark, as a company name, business name or style in… [read post]
18 Apr 2010, 2:28 pm
Unfortunately, it appears that Carefusion has not recently reviewed the Anti-Dilution Act set forth in 15 U.S.C. 1125(c), which states that a “famous” mark is one that is “widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner. [read post]
15 Feb 2010, 3:00 am
., No. 09 C 4348, Slip. [read post]
6 Sep 2011, 4:27 pm
Assignment (a) (1) A registered mark or a mark for which an application to register has been filed shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. [read post]
22 Jan 2013, 5:17 am
The first was a figurative mark featuring the word Bud for goods in Classes 16, 21, 25 and 32. [read post]
