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25 Jul 2013, 6:21 am
Digression: Given that courts regularly say that “descriptive with secondary meaning” means “relatively strong,” and that suggestive marks are “relatively weak,” are we developing a line of cases that flips two entries on the Abercrombie spectrum, so that it in practice goes suggestiveàdescriptive with secondary meaningà;arbitraryàfanciful in terms of increasing (conceptual) strength? [read post]
5 May 2016, 1:00 pm
Engraved frontispiece depicting the Lion of Saint Mark in Novissimum Statutorum ac Venetarum Legum Volumen, Venice, 1729. [read post]
10 Dec 2018, 11:00 am
A trade mark that has greater technical distinctiveness enjoys a high threshold before a competing sign will be considered dissimilar to it (i.e. more differentiating factors would have to be present); conversely, a trade mark that has a lower technical distinctiveness would have a lower threshold before a competing sign will be considered dissimilar to it.The High Court was also not persuaded that Monster Energy should have protection vis-à-vis the family of trade… [read post]
25 Sep 2014, 10:40 am
Oh là là! [read post]
4 Nov 2015, 2:35 pm
While it seems that the St Kilda matter was ultimately resolved, the current situation must seem to the Trust like déjà vu. [read post]
1 Apr 2024, 12:16 am
This does not only discriminate abstract colour (combination) marks vis-à-vis coloured trade marks of a different type (e.g. figurative or 3D trade marks in colours). [read post]
4 Feb 2018, 1:32 pm
It is hosted on the website of OCLC: "The launch of Voilà, a milestone for LAC in its library renewal project, marks the completion of the migration of the national union catalogue holdings from AMICUS to OCLC (...) [read post]
16 Oct 2013, 3:46 am
The Board reversed a refusal to register on the Supplemental Register, the mark PRÊT À BOIRE for wine, finding that the PTO did not prove by clear evidence that it the mark is generic for the goods. [read post]
16 May 2023, 9:11 am
The present monograph, written in French, is by Boris Catzeflis and is titled “Les marques contraires à l’ordre public ou aux bonnes moeurs” ["Trade marks contrary to public order and morality"] (Schulthess, 2022, pp. 594).As its title suggests, the book covers the absolute ground of refusal in trade mark law for signs that are contrary to public order or morality. [read post]
17 Jan 2011, 10:36 am
Creating intentionally confusing privacy policies —à la Mark Zuckerberg—to sucker users of social networking sites like Facebook into exposing valuable personal information. [read post]
24 Jan 2021, 2:00 am
Margherita Cinà (York University), Steven Hoffman (York University), Gian Luca Burci (University of Geneva), Thana Cristina de Campos (University of Cambridge), Danwood Chirwa (University of Cape Town), Stéphanie Dagron (University of Geneva), Mark Eccleston-Turner (Keele University), Lisa Forman (University of... [read post]
27 Jun 2012, 8:14 am
Finally, following on from our special edition of Law à la Mode to mark the 134th INTA Annual Meeting in Washington, DC, we give you an insight into our exciting INTA event: "Around the retail world in sixty minutes: Reflecting on the top branding issues for retailers in 2012". [read post]
29 Jun 2022, 10:39 am
Our Center for Law and Religion (which I co-direct with Mark Movsesian) is co-sponsoring with our longtime partner institution, the Università LUMSA in Rome, a conference in Rome next week: Liberalism's Limits: Religious Exemptions and Hate Speech. [read post]
2 Feb 2018, 2:52 am
The probable area of application is of course section 10(12) of the Trade Marks Act which states that a mark that is “…likely to give offence to any class of persons” shall not be registered as a trade mark. [read post]
22 Dec 2022, 2:47 pm
Court of Appeals for the Federal Circuit held that contractors may include restrictive markings on unlimited rights technical data as long as those markings do not restrict the Government’s rights. [read post]
19 May 2015, 6:44 am
[Referring to the provisions of the Regulation that permit transfer, securitisation and licensing, the first sentence of Article 23(1) states that "... such an act, before it is so entered [in the Register of Community trade marks], shall have effect vis-à-vis third parties who have acquired rights in the trade mark after the date of that act but who knew of the act at the date on which the rights were acquired"]. [read post]
17 Dec 2018, 9:26 am
Vis-à-vis the “BRENT” mark, it was found that the mark would designate a characteristic of financial services that related to, or was connected with, Brent oil. [read post]
27 Apr 2022, 8:00 am
CommentApparently, the two cases here would not be the first time the question of protection of well-known marks in Nigeria vis-à-vis the absence of local law domesticating the TRIPS Agreement and the Paris Convention would come up for judicial interpretation. [read post]
19 Sep 2010, 8:33 pm
Thus, it does not have the requisite degree of distinctiveness to support a finding of dilution, at least vis-à-vis respondent’s use of the term as part of the mark SPAM ARREST for computer software designed to eliminate unsolicited commercial email. [read post]
30 Apr 2023, 10:58 pm
Zitro International Sàrl filed an opposition against this application inter alia based on its EU trade mark no. 9614868 for the following sign in classes 9, 28 and 35, also concerning gaming and gambling. [read post]
