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6 Apr 2016, 7:45 am
Here, the district court follows Second Circuit precedent—but this case clearly should come out the other way under Belmora, given the harm the plaintiff concededly suffered. [read post]
4 Mar 2015, 8:26 am
But the case has already highlighted this truism: Congress can sometimes be sloppy. [read post]
2 Jun 2011, 9:34 am
The Court is well able to do its own research as needed, and filling this case's record with non-binding cases will simply clutter the file. [read post]
14 May 2009, 3:05 am
In this case, the Court of Appeal found that the Appellant had not acquiesced to the granting of relief in circumstances where it did not have notice of the relief being requested. [read post]
19 Jun 2014, 2:09 am
The case is Case C-97/12 P Louis Vuitton Malletier v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Friis Group International ApS intervening, a ruling of the Eighth Chamber of the Court of Justice of the European Union (CJEU) of 15 May. [read post]
16 Oct 2019, 10:47 am
The A-G also discusses a sample of cases where the filing logic was contrary to the purpose of the trade mark system, for instance in cases of dishonesty, cybersquatting or engaging in a blocking strategy (pars. 107-108, 111-112). [read post]
26 Feb 2015, 3:41 pm
Very innovative Court application by Pfizer based on the NHS being an intermediary or conduit and relying on jurisprudence from trade mark and ISP cases eg Cartier [this being another Arnold J decision, extending relief through blocking injunctions against ISPs from copyright infringements to trade mark infringements: judgment here, Eleonora's Katpost here]. [read post]
30 Apr 2024, 11:14 am
This Kat closes the reporting on the EUIPO’s 5th IP Case Law Conference, hosted in Alicante by the EUIPO Boards of Appeal (BoA). [read post]
13 Jun 2017, 9:32 pm
Withdrawing and refiling the application in the rightful owner’s name will be the only real means of resolution in such cases. [read post]
13 Jun 2017, 9:32 pm
Withdrawing and refiling the application in the rightful owner’s name will be the only real means of resolution in such cases. [read post]
15 Sep 2020, 6:48 am
Both are unacceptable conclusions.In any case, let's stay tuned for the next episodes in the ‘Banksy in IPland’ saga … [read post]
22 Aug 2011, 10:11 am
Some good news from Stop the Deportations - The DOMA Project reporting on a victory by my friend Lavi Soloway: Today, the government publicly announced it has dropped the deportation proceedings that threatened to tear apart Alex Benshimol and Douglas Gentry -- a married, gay, binational couple in California -- marking the second time in which Immigration and Customs Enforcement (ICE) has agreed to close a deportation case involving a married, same-sex couple. [read post]
12 Jun 2024, 7:14 am
The Case Samsung contended that they had not directly used the Swatch marks themselves, but merely created the technical conditions for watch face downloads via the SGA. [read post]
23 Apr 2013, 8:18 am
Mark Mullen is the defendant in a vehicular homicide case where he had multiple DUI convictions, had two pending DUI cases one in Seattle Municipal Court and the other Snohomish County District Court and he killed several innocent pedestrians and critically injured [read post]
21 May 2010, 3:19 am
That the right to free speech may trump trade mark rights was recognised by the Constitutional Court of South Africa in Laugh It Off Promotions v South African Breweries etc., 27th May 2005, Case CCT 42/04 [on which see IPKat here]. ...14. [read post]
19 Jun 2024, 12:15 pm
In granting the writ of mandamus filed by the plaintiff trade associations challenging the rule, the three-judge panel rejected Judge Mark Pittman’s second order to transfer the case to D.C.... [read post]
14 May 2018, 3:45 am
In Montauk U.S.A. v. 148 South Emerson Associates the Second Circuit vacated-in-part an earlier ruling in a trademark case. [read post]
29 Nov 2007, 2:02 am
This would be the case whether the trademark owner invented a mark and the mark subsequently became a generic term, as is the case here, or the trademark owner chose an ordinary word that is arbitrary for its goods and through its efforts caused the mark to become distinctive for those goods.Leran more about "where the SPAM meets the road," here. [read post]
9 Jul 2023, 6:39 am
Case law of the CJEU indicates that trade mark infringement can also occur when a sign is used non-distinctively: for example, in Arsenal the fact the trade mark was used a badge of affiliation/loyalty did not exclude an infringement. [read post]
20 Jul 2012, 12:04 pm
The court dismissed the false marking claim for failure to plead with the requisite particularity under Rule 9(b), but indicated that this was a close case and that an amended complaint might well suffice. [read post]
