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10 Jun 2024, 5:33 am by Nedim Malovic
This is because average consumers do not usually presume the origin of products based on their shape or packaging in the absence of any graphic or textual elements, and it may therefore be more difficult to establish distinctive character for a pattern or a three-dimensional mark than for a word or figurative mark.More recent case law, such as Alkim v EUIPO (R 2037/2023-4), which concerned the registrability of daisy-shaped dough for pizza and pasta dishes, also illustrates that… [read post]
8 Jun 2024, 6:39 am by Eric Goldman
Trademark policymakers should scrutinize this case to figure out how and where the system failed those consumers. [read post]
7 Jun 2024, 6:12 am by Keith Mallinson
As stated by the judges’ decisions in Unwired Planet v Huawei and TCL v Ericsson, respectively: “Based on my assessment of both experts, I am sure the disagreement represents cases in which reasonable people can differ. [read post]
It is arguably a necessary power in order to meet the contingencies that arise over time.In the leading American case, Jackson v. [read post]
4 Jun 2024, 3:54 pm
But at least none of them are literal (as opposed to figurative) 277-volt live wires. [read post]
4 Jun 2024, 3:09 pm by Yosi Yahoudai
A lot of countries have been able to figure out ways to make it so that all women are in safe hands when it comes to having a baby and after giving birth. [read post]
3 Jun 2024, 9:23 am by Marcel Pemsel
The applicant relied on the AS v Deutsches Patent- und Markenamt judgment of the Court of Justice of the EU (case C‑541/18, IPKat here). [read post]
3 Jun 2024, 2:48 am by Jocelyn Bosse
 Guest UPCKats, Agathe Michel-de Cazotte and Hiske Roos (Carpmaels), examined the need for sufficient certainty on validity and infringement, which was considered in another decision during the 10x Genomics v NanoString litigation. [read post]
31 May 2024, 11:58 am by John Elwood
But Empire expressly left open the question of whether “entitled to [SSI] benefits” for figuring out DSH likewise includes all those who qualify for the SSI program. [read post]
31 May 2024, 8:41 am by LII Team
Hear Thurgood Marshall, Earl Warren and others for the first time in Brown v. [read post]
31 May 2024, 7:38 am by David Oxenford
  (Note that there have been statements from some Supreme Court justices that suggest that this standard that arose in a case, NY Times v. [read post]
31 May 2024, 4:29 am by Verena von Bomhard (BomhardIP)
The two earlier decisions that the GC refers to rather served to explain why the weakness of the earlier marks did not avoid confusion (the CJEU’s decision in case C‑235/05 P on FLEX v. [read post]