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23 Jan 2019, 11:26 pm
Trying is Not UsingTrade mark use has been considered to be “genuine” if (1) the use is related to “create or preserve an outlet” for those goods or services for which it is registered; and (2) the mark is used in accordance with its essential function, which is to guarantee the identity of origin of the goods or services for which it is registered (C-689/15 – Gözze). [read post]
21 Jan 2019, 4:21 am
The EUTM proprietor had been therefore unable to demonstrate that the mark had acquired distinctiveness through use for the designated goods pursuant to Article 7(1)(b) and (c) of the EUTMR. [read post]
20 Jan 2019, 11:43 pm
Like good wine or a stout winter bee produced by those who extract meaning form other objects (and perhaps better in some instances), the value is in savoring the opinions, not for the necessarily utilitarian tasks to which they were applied (though that will provide tremendous fodder, and opportunity, to the arbitration communities, of which I will say no more (but see here, here, here, here, here), but for the application of the submerged principles of meaning, applied with… [read post]
18 Jan 2019, 5:22 am
The EUIPO Cancellation Division provided it further to an application for revocation filed by Irish company Supermac (Cancellation No 14 788 C).What happened? [read post]
18 Jan 2019, 12:00 am
Which is good, because any amount of interaction w/the screen while driving would likely drive me batty. [read post]
15 Jan 2019, 6:51 pm
Dept. of Commerce, Case 1:18-cv-02921 (SDNY, Filed 15 January 2019).* * * C. [read post]
15 Jan 2019, 3:15 am
" In re Pitney Bowes, Inc., 125 USPQ2d 1417 (TTAB 2018) [precedential] (Opinion by Judge Cynthia C. [read post]
14 Jan 2019, 6:00 am
Rather, the government argued that the provision doesn’t really restrict speech at all: “Trademark rights are created not by federal law, but by use of a mark to identify goods and services in commerce,” wrote government lawyers in their petition for certiorari. [read post]
10 Jan 2019, 10:50 pm
Repackaging our Understanding of Legitimate Reasons in Parallel Imports In the EU, any third party in possession of genuine goods put on the market in the European Economic Area (EEA) by the trade mark owner or with the trade mark owner’s consent is free to resell those goods within the EEA. [read post]
9 Jan 2019, 11:53 pm
In fact Article 5(2) referring expressly only to the use of a sign for non-similar goods or services, would preclude its application where a sign is used for identical or similar goods or services. [read post]
9 Jan 2019, 5:08 am
(ii) The amount, volume, and geographic extent of sales of goods or services offered under the mark. [read post]
4 Jan 2019, 3:35 pm
Lorenzen the court will determine, “whether, under the Bankruptcy Code, a creditor’s good-faith belief that the discharge injunction does not apply precludes a finding of civil contempt. [read post]
4 Jan 2019, 12:43 pm
—a partnership marked by significantly more cooper [read post]
4 Jan 2019, 12:43 pm
—a partnership marked by significantly more cooper [read post]
2 Jan 2019, 4:00 am
McKercher, the Supreme Court said that “[t]he purpose of law society regulation is to establish general rules applicable to all members to ensure ethical conduct, protect the public and discipline lawyers who breach the rules — in short, the good governance of the profession”. [read post]
1 Jan 2019, 3:12 pm
2019 marks the fourth year of an important change, in which many of the most important branches of the faith came together to produce a unified letter. [read post]
30 Dec 2018, 4:13 am
The more distinctive the earlier mark, the greater the risk of confusion, and marks with a highly distinctive character, either per se or because of the reputation they enjoy on the market, enjoy broader protection than marks with a less distinctive character (Canon, C-39/97). [read post]
28 Dec 2018, 3:00 am
C-0048-CV-2017-2279 (C.P. [read post]
27 Dec 2018, 9:05 pm
A day before the outbreak announcement from the CDC, a company called 165368 C. [read post]
27 Dec 2018, 4:02 am
In re SnoWizard, Inc., Serial No. 87134847 (December 21, 2018) [precedential] (Opinion by Judge George C. [read post]
