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4 Oct 2019, 6:14 am by Rebecca Tushnet
”  The correct standard, as applied by the PTO, is that a suggestive mark requires imagination to link with the goods/services, knowing the goods/services. [read post]
16 Feb 2018, 11:00 am by Rebecca Tushnet
  Brand associations and attitudes are the reputation of a mark. [read post]
19 Jun 2017, 1:00 am by Matrix Legal Support Service
These appeals will consider whether a criminal offence can be committed under the Trade Marks Act 1994, s 92(1)(b) or (c) (selling, offering for sale or distribution/possession with a view) where the proprietor of the registered trade mark has given its consent to the application of the sign which is its registered trade mark or has itself applied its own registered trade mark to the goods, but has not given its consent to the sale, distribution… [read post]
23 Apr 2012, 4:58 am
 This fascinating case, otherwise known as Case C-307/10 Chartered Institute of Patent Attorneys, was referred to the Court of Justice of the European Union (CJEU) back in 27 May 2010. [read post]
24 Feb 2024, 1:10 pm by Rebecca Tushnet
SHOP SAFE wouldn’t change that b/c it is only about counterfeits. [read post]
The case was referred back by the Court of Justice of the European Union (CJEU), with the decision C‑702/18 P,  already commented on here, because the CJEU had criticized the GC failure to take into consideration arguments on the weak character of the earlier mark PRIMA. [read post]
13 May 2009, 12:53 pm
  (c) I read this document from start to finish so I could write this. [read post]
27 Oct 2014, 10:33 am by Sarah Wells and Chris Coulter
Justice Arnold noted that “the 1994 [Trade Mark] Act both confers remedies against persons who are not necessarily infringers . . . and yet does not purport to contain a comprehensive code of the remedies available to a trade mark proprietor . . . [read post]
12 Dec 2014, 6:17 am by @travelblawg
From its main headquarters at Peterson Air Force Base in Colorado Springs, Colorado, NORAD will once again be tracking Santa as he travels the globe to visit good boys and girls worldwide! [read post]
12 Apr 2013, 9:13 am by Rebecca Tushnet
  E.g., from the 17th c. there was local legislation relating to marks used on cutlery, knives, etc. 1720s, act gave protection to marks woven into or printed on linens. 1813, act relating to counterfeiting marks on gun barrels. [read post]
20 Jan 2020, 9:54 am
| Never Too Late: if you missed The IPKat last week | Sale of second-hand goods not genuine use of Aiwa trade mark | AIPPI UK Event Report: Roundup of 2019's Patent Cases | Trademark infringement and Google PLA ads - Lessons from "Ortlieb"? [read post]
3 May 2013, 4:48 am by Rebecca Tushnet
The TTAB concluded that the most critical factors were the similarities of the marks and the goods: the marks are substantially identical and they’re used on closely related products. [read post]
12 May 2010, 1:48 am
The CJ cites joined Cases C-266 to 238/08 in almost every paragraph of Eis.de. [read post]
1 May 2012, 8:25 pm by Tonya Gisselberg
  The list of factors grew out of the situation in which the defendant passes off the plaintiff’s mark as the defendant’s own mark, confusing the public as to whose goods the defendant is selling. [read post]