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22 Feb 2013, 3:46 am
Do you think this case falls in the "WYHA" category? [read post]
1 Sep 2016, 2:31 pm
“Great cases like hard cases make bad law” said Justice Holmes at the turn of the twentieth century. [read post]
23 Apr 2010, 3:53 am
And most significantly, the amendments would apply the standing requirement to both pending and future false patent marking cases. [read post]
12 Jun 2018, 12:52 am
The Louboutin markIs the Louboutin red sole mark a valid trade mark or not? [read post]
19 Jan 2007, 3:14 am
In re Rexel Inc., 223 USPQ 830 (TTAB1984).In comparing the goods, we initially note that where identical marks are involved, as is the case here, the degree of similarity between the parties' goods that is required to support a finding of likelihood of confusion declines. [read post]
22 Apr 2010, 2:24 am
The following is a video I produced explaining Personal Injury Case Value today: [read post]
5 Jul 2015, 10:09 pm
Before we explore this, and a recent straight-forward case that explains this issue in an easy to understand setting, a brief background is necessary. [read post]
14 Sep 2014, 1:32 pm
Moreover, how do we account for the goodwill in the mark? [read post]
30 Apr 2018, 8:49 am
In a case like Louboutin, the question to ask would be: is the red sole a sign which gives substantial to the shoe, or is it rather the reputation of the trade mark represented by that particular sign that confers such value? [read post]
30 Apr 2018, 8:49 am
In a case like Louboutin, the question to ask would be: is the red sole a sign which gives substantial to the shoe, or is it rather the reputation of the trade mark represented by that particular sign that confers such value? [read post]
1 Jul 2015, 1:03 pm
However, he agreed with the challenge based on the marks' inherent distinctiveness under s 3(1)(b), holding that they failed to meet the criteria in Case C-398/08 P Audi AG v OHIM [the 'Vorsprung durch Technik' case, noted by the IPKat here] in that they lacked originality, did not require any interpretation by the relevant public and were not indicative of a particular undertaking. [read post]
20 Aug 2007, 5:34 am
Lightbourne,Circuit Court Case No. 1981-170-CF-A-01, Marion County. 4 On July 18, 2007, the Governor signed a warrant for the execution of Mark Schwab. [read post]
19 Feb 2010, 11:44 am
Even so, the filing by Justice Department lawyers marked the first time that they conceded that circumstances might exist to keep the case alive. [read post]
24 Apr 2007, 3:58 pm
One such mystery is the appearance of the word "practical" in the title of Spyros Maniatis' Trade Marks in Europe: a Practical Jurisprudence. [read post]
20 May 2020, 6:18 am
Nonetheless, it remains unclear what his definition of “commercial justification” is and how far “reasonable foreseeability” would go in a business case. [read post]
30 Sep 2023, 8:04 am
This applied to the present case, in which the verbal element 'CZ BREN 2' was a completely negligible element of the Mark given its size (taken into account within the context of the already miniature size of the Mark) and the lack of contrast between the verbal element and their background. the Board found that a significant proportion of the general public would not be able to identify the word element without significant effort, and (in accordance with… [read post]
17 Feb 2014, 8:52 am
Its manufacturer, Red Bull GmbH, has registered the RED BULL mark has registered those words and their accompanying logo as word and device marks in trade mark registries around the world including the Benelux Office for Intellectual [read post]
30 Dec 2014, 9:40 am
The Supreme Court thought otherwise: neither statute nor case law supported the proposition that trade mark infringement should be treated any differently from other criminal activities. [read post]
14 Mar 2008, 12:29 pm
Mark Perry of Gibson, Dunn, & Crutcher discusses the case. [read post]
30 Jul 2019, 12:58 pm
That case merely concerned graphic representation of ‘a collection of lines, curves and shapes’, which was not the case here.In light of all these considerations, the CJEU concluded that the General Court had not erred in its assessment of Article 4 and 7(1)(a) EUTMR.The General Court was right to consider that the description of the marks could result in numerous combinations with respect to the arrangement of the two colours. [read post]
