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13 Mar 2017, 3:12 am
| Trader keeps the [good] faith in a spare part in trademark doublebill| Book Review: The Informal Economy in Developing Nations - Hidden Edge of Innovation? [read post]
30 Sep 2013, 2:24 pm
John’s University School of LawMembers · Barton Beebe, New York University Law School · David C. [read post]
24 Feb 2017, 12:04 pm
This is a powerful protection, given that descriptive terms lacking secondary meaning are otherwise free for all competitors to use, and that competitors are likely to have good reasons to do so—after all, the symbol describes relevant features of the product or service. [read post]
20 Feb 2019, 8:44 pm
C-487/07, L’Oreal v Bellure), recognized that there are other functions, in particular that of guaranteeing the quality of the goods or services in question and those of communication, investment or advertising which deserve protection. [read post]
In The 9th Circuit, May Not Be Worth It To Elect Statutory Damages In Trademark Counterfeiting Claim
1 Jan 2008, 9:36 am
When counterfeit marks are involved, Section 1117(b) is also applicable. [read post]
8 Jul 2021, 3:50 am
Moreover, according to the ECJ, even by requesting proof of genuine use of the earlier mark, it is possible to identify the exact goods covered by the services for which the earlier mark has been used and to take only those goods into account in the examination of the opposition. [read post]
4 May 2010, 1:03 pm
Does it make any difference to the answer to question 1a if there is an infringement for the purposes of Article 5(1)(a) [same mark, same goods/services] or (b) [similarity + likelihood of confusion]? [read post]
12 Apr 2011, 6:08 am
Your reallyclevername.com domain name could also infringe another person's trade mark if it is similar to the trade mark, is used in connection with similar goods or services and its use is likely to confuse the public into believing that there is a link between your reallyclevername.com domain name and the other party's trade mark. [read post]
17 Jun 2024, 11:04 am
[C.] [read post]
12 Oct 2007, 1:23 pm
C. [read post]
9 Mar 2008, 12:04 pm
Infringement.(1) Subject to Section 70-3a-104 and Subsection (2), any person is liable in a civil action brought by the registrant for any and all of the remedies provided in Section 70-3a-404, if that person:(a) uses a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter:(i) without the consent of the registrant; and(ii) in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in… [read post]
3 Jun 2010, 12:02 pm
Danone, which sold ACTIVIA yoghurt under its DANONE house mark, describing that product as containing "bifidus essensis", said Glanbia had infringed its ESSENSIS trade mark by selling ESSENCE yoghurt; the trial judge dismissed the action, held that Danone had not made any genuine use of its Irish trade mark ESSENSIS for the goods in Class 29 yoghurt) for which it was registered for the statutory period of five years from the date of publication of the… [read post]
1 Aug 2012, 9:52 am
” This opinion nearly states that names of famous people essentially is entitled to all the benefits of 43(c) famous mark protection. [read post]
10 Jun 2016, 9:16 am
McKenna: there’s no good standard even for word marks. [read post]
18 Jul 2013, 1:48 pm
Among the rights that Master Cutlery claims are trademarks for the word marks "Sheriff" and "EMT" registered in Class 8 with the U.S. [read post]
5 Feb 2014, 6:54 am
C. [read post]
17 Jun 2024, 9:54 am
(My article with Mark Lemley doesn't cover Elster, but it talks a bit about this dynamic.) [read post]
10 Jul 2017, 8:50 am
C’mon IP firms, a fully functioning ASA is good for you too. [read post]
20 Jun 2016, 6:25 am
., 2016 WL 3360639, No. 15 C 01217 (N.D. [read post]
14 May 2015, 6:30 am
When bacteria that typically live in the nose grow back, their arrival is marked by the greenish colored mucus. [read post]
