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12 Jul 2011, 10:25 am
This is a good summary article for any new business owner, or those thinking of starting a business. [read post]
20 Dec 2019, 6:38 pm
Naughty you, your secret is safe with us.Trade Mark The Court of Justice of the European Union (CJEU) has ruled that the indication of the affiliation with a local waste collection may influence consumers’ purchasing decision and consequently contribute to maintain or create a share in the market for the goods or services protected by the mark. [read post]
26 Nov 2012, 12:11 pm
As a result, Phonebook submitted, the mark was registered in in breach of article 7(1)(c) and (d) as the mark lacked distinctive character, was descriptive and had become customary throughout the EU, with the exception of Italy. [read post]
14 Mar 2014, 7:20 am
As for the §230(c)(2) filtering defense—a rare ruling! [read post]
14 Feb 2014, 6:19 am
Code § 1125(c)”. [read post]
22 Nov 2006, 3:45 am
JC opposed, citing earlier Swedish, Finnish and Danish figurative mark "Brothers" for goods in the same class. [read post]
3 Nov 2013, 4:36 am
Certainly Mark Bennett does. [read post]
4 Apr 2019, 12:41 pm
At the San Diego California Law Offices of Mark C. [read post]
18 Jan 2015, 2:46 pm
Dreyfuss and Jane C. [read post]
15 Sep 2016, 3:47 am
Perhaps the phrase “commercial activity with a view to economic advantage and not as a private matter” from the Court’s judgment in Arsenal / Reed (C-206/01, §40), a trade mark case, could be helpful. [read post]
15 Apr 2009, 7:55 am
I knew you were.UPDATE:Some have commented and emailed regarding the interpretation (above) of Treasury notice 2009-27, indicating perhaps Conexis missed the mark. [read post]
7 Oct 2015, 1:10 am
This case seems to begetting out of hand ...To recap, the Court of Justice of the European Union (CJEU) gave its ruling on Wednesday 16 September in the '3D chocolate finger' trade mark case, Case C-215/14 Nestlé v Cadbury [noted by Eleonora here]. [read post]
14 Aug 2013, 2:50 am
H&C Milcor sought to register a product configuration mark for "pipe flashing for use in sealing openings for pipe," but AS Holdings opposed on the grounds of de jure functionality under Section 2(e)(5) and, in the alternative, lack of acquired distinctiveness. [read post]
20 Jun 2017, 9:43 am
More specifically, the Lanham Act prohibits registration of marks that are generic descriptions of goods, that are specific descriptions of characteristics of goods, that are surnames (even of the source), and that indicate the geographic origin of a good. [read post]
1 May 2012, 6:05 pm
Little did they (or anyone) know that Florida attorney Mark O’Mara could upset the tidy apple barrel? [read post]
29 Jun 2019, 5:54 am
The CATERPILLAR mark was first registered by the Holt Manufacturing Company in 1910; Holt merged with C. [read post]
5 Jul 2017, 3:44 am
The descriptive use defence provides that it is permissible to use a sign to indicate a particular characteristic of goods or services, provided that the use is in accordance with honest practices in industrial or commercial matters. [read post]
4 Apr 2006, 1:22 am
Judging by the evidence of record, 'digital instruments,' while definitely much broader that any one of these terms, is still an overarching category of goods that would include applicant's goods and services. [read post]
6 Jul 2015, 12:36 pm
The floor goes to Neil.* Sofa, so good? [read post]
6 Apr 2019, 9:46 am
| Danish Supreme Court in Würtz v Coop confirms existence of "de minimis" copyright exception for use of applied art in marketing materials | Swedish Patents and Market Court of Appeal finds request for blocking injunction against ISP disproportionate | General Court refuses DeepMind's trade mark for STREAMS | POSTAUTO: Acquired Distinctiveness for Non-Core Goods and Services? [read post]
