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6 Sep 2010, 5:20 pm
Today marks the end of the 2010 Minnesota State Fair. [read post]
18 Aug 2012, 2:54 am
You will recall that the Board affirmed a Section 2(a) refusal to register the mark BENNY GOODMAN COLLECTION THE FINEST QUALITY (stylized), shown below, for fragrances, cosmetics, leather goods and clothing, finding that the mark falsely suggests a connection with the late band leader, composer, and clarinetist, Benny Goodman.Ron picks up on a question that I posed in the comments: "How is Section 2(a) false association like 43(c) dilution protection? [read post]
25 Aug 2010, 9:18 am
This was not a dispute between two competitors, but a dispute between a buyer and seller over the quality of a good. [read post]
15 May 2009, 9:30 am
While this Kat is rather flattered that her Adword question made it into so many articles, she feels that this point needed to be clarified:"Does the use of a third party's trade mark as a keyword/Adword on identical goods/services constitute trade mark infringement under the Directive? [read post]
1 Nov 2010, 6:00 am
Mark C. [read post]
1 Nov 2010, 6:00 am
Mark C. [read post]
1 Nov 2010, 6:00 am
Mark C. [read post]
7 Jan 2020, 1:37 pm
Fossil is a well-known seller of a variety of goods, including the handbags at issue here. [read post]
25 Aug 2010, 5:55 am
C 07-05923 WHA, 2010 WL 3198928 (M.D. [read post]
2 Mar 2010, 3:09 am
The IPKat has just been wondering what facts lie behind Case C-4/10, Bureau National Interprofessionnel du Cognac v Oy Gust. [read post]
3 Apr 2015, 9:44 am
ACLU says it’s “junk science” and causes more harm than good. [read post]
31 Jul 2008, 5:26 pm
The President however concluded that Montex v Diesel was a trade mark case while the alleged infringements before him involved patents. [read post]
28 Oct 2010, 6:00 am
Mark C. [read post]
29 Oct 2010, 6:00 am
The Law Offices of Mark C. [read post]
12 Jul 2011, 2:59 am
Where the proprietor of a trade mark supplies to its authorised distributors items bearing that mark, intended for demonstration to consumers in authorised retail outlets, and bottles bearing the mark from which small quantities can be taken for supply to consumers as free samples, those goods, in the absence of any evidence to the contrary, are not put on the market within the meaning of Directive 89/104 and Regulation No 40/94 [= Case C-127/09 Coty… [read post]
8 Jun 2021, 3:03 pm
Trademark Registration Under Section 360-B, Article 24 of New York’s General Business Law, the applicant for registration of trademark must submit the following information: (a) name and address of person applying; (b) goods or services connected to the mark; (c) date the mark was first utilized; (d) declaration that the applicant is the owner of the mark. [read post]
9 Jun 2018, 2:26 pm
Nor does it rely on trade-mark protection, although it alleges, and it is not contested, that it is the owner in Canada of the trade-marks "Côte d'Or" and "Toblerone". [read post]
13 Mar 2012, 4:06 am
§ 1125 (c)(3)(A). [read post]
18 Jul 2018, 1:15 am
The question focusses on the context of the use of the mark, and not just the mark itself, i.e. what the impression is that the mark gives in its full context to the relevant consumer, or the use of wording that associates the goods with a GI.Previous case law, particularly the case of Viiniverla, has determined that 'evocation' covers situations where "…the term used to designate a product incorporates part of a protected [GI], so that when… [read post]
18 Jul 2018, 1:15 am
The question focusses on the context of the use of the mark, and not just the mark itself, i.e. what the impression is that the mark gives in its full context to the relevant consumer, or the use of wording that associates the goods with a GI.Previous case law, particularly the case of Viiniverla, has determined that 'evocation' covers situations where "…the term used to designate a product incorporates part of a protected [GI], so that when… [read post]
