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In so ruling, the Second Circuit reiterated that the plaintiff rather than the defendant in a trademark infringement claim bears the burden of proving the likelihood of consumer confusion, and that no particular order of analysis is required as long as the court considers all appropriate factors (Hamilton International Ltd. v. [read post]
30 Oct 2021, 9:26 pm by David Kopel
Supreme Court on the Second Amendment to right to bear arms, New York State Rifle & Pistol Association v. [read post]
8 Dec 2020, 6:02 am by Nedim Malovic
The first and third questionsIn terms of assessing ‘genuine use’, the CJEU first noted that, according to Ansul BV v Ajax Brandbeveiliging BV (C–40/01), the fact that a mark is not used for goods newly available on the market but rather for goods that were sold in the past does not mean that its use is not genuine. [read post]
12 Nov 2021, 2:01 am by Neil Wilkof
The state of the register alone is not sufficient evidence – it all comes down to use in the market. [read post]
17 Jul 2015, 7:24 am
However TOP Logistics, in providing a warehouse service for goods bearing another’s trade mark, did not 'use a sign identical to that trade mark for goods or services identical or similar to those in respect of which the mark is registered'.* Accordingly, Article 5 must be interpreted as meaning that the proprietor of a trade mark registered in one or more Member States may oppose a third party placing goods bearing that trade… [read post]
27 Jun 2018, 1:16 am by Jani Ihalainen
Repackaging branded goods can be a legitimate way to resell branded goods in a different jurisdiction, avoiding the potential confusion of where the goods actually originate from (and whether they are counterfeit). [read post]
27 Jun 2018, 1:16 am by Jani Ihalainen
Repackaging branded goods can be a legitimate way to resell branded goods in a different jurisdiction, avoiding the potential confusion of where the goods actually originate from (and whether they are counterfeit). [read post]
23 Mar 2009, 11:57 am
Seeing as I'm not in a good mood, I'll keep it short. [read post]