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25 Jan 2007, 9:42 am
The second of today's ECJ trade mark judgments - this time the fate of Dyson's application to register the transparent bin of its vacuum cleaner for vacuum cleaners.The UK court made a reference based on acquired distinctiveness in relation to functional elements of goods, but the ECJ chose to base its decision on whether the mark was in fact a sign.The ECJ's decision has left the IPKat in a bit of a spin*The applied for mark was not a sign, as such it… [read post]
10 May 2011, 7:48 am
" The court also rejected defendant's argument that the complaint failed to plead intent to deceive under the heightened pleading standard of FRCP 9(b). [read post]
29 May 2024, 3:18 am
Last year, the Board affirmed a refusal to register the proposed mark ASSHOLES LIVE FOREVER, in the stylized form shown below, for various goods in 14 classes, finding that the phrase fails to function as a trademark. [read post]
30 Dec 2013, 6:47 am
Gagne, appearing pro se, failed to get his evidence of priority into the record. [read post]
25 Aug 2013, 2:12 am
Mott’s was thus unable to show acquired distinctiveness in the category of baby foods, and it failed to link the application to its distinctive and established trade marks, including a registered Mott's For Tots mark, in other food and beverage categories. [read post]
15 Nov 2016, 7:50 pm
Worse, the manufacturer, Master Mark Plastic, is generally refusing to stand behind its product. [read post]
15 Nov 2016, 7:50 pm
Worse, the manufacturer, Master Mark Plastic, is generally refusing to stand behind its product. [read post]
12 Nov 2008, 4:53 pm
Out-law.com: "Lego Fails In Brick Trademark Bid": Lego has failed in its bid to register the shape of its play bricks as trade marks. [read post]
26 Jan 2009, 4:00 am
Royal King's Section 2(d) opposition to registration of the mark ROYAL NEST & Design (shown immediately below) for "edible bird's nests" never took flight because Opposer failed to prove priority. [read post]
13 Jan 2011, 12:17 pm
Read about Michael Chabon's failed novel, Fountain City in "Mistakes Were Made," at Mark Athitakis’ American Fiction Notes. [read post]
29 Apr 2009, 5:00 am
Insider trading is based on the deception that occurs when a person fails to disclose the use of nonpublic information when they have a duty to disclose. [read post]
10 Jul 2017, 2:15 am
Nestlé’s application for trade mark registration failed... [read post]
4 Jan 2010, 5:24 pm
An Online Book Discussion ("When Cooperation Fails") On Tuesday, January 5, 2010, Opinio Juris (http://opiniojuris.org/) will hold an online discussion of Mark Pollack and Gregory Shaffer's new book, When Cooperation Fails: The International Law and Politics of Genetically Modified Foods (Oxford, 2009). [read post]
21 Feb 2007, 10:24 pm
" Kellogg failed to rebut General Mills' prima facie case of acquired distinctiveness based on transfer of the acquired distinctiveness of the identical mark for breakfast cereal. [read post]
24 Aug 2022, 4:15 am
The mark at issue in that case was “FUCT,” for use on streetwear. [read post]
24 Aug 2022, 4:15 am
The mark at issue in that case was “FUCT,” for use on streetwear. [read post]
11 Mar 2015, 2:54 am
Judge Crotty thus concluded that the plaintiffs failed to prove that the OWN YOUR POWER mark had acquired secondary meaning. [read post]
13 Jan 2012, 4:43 pm
Reuters, December 28, 2011 by Joshua Schneyer and Brian Grow http://www.reuters.com/article/2011/12/28/us-energy-giant-newspro-idUSTRE7BR 0HS20111228 The near-blanket cancellation of the contracts raises the question of whether Chesapeake ever intended to pay if it failed to find oil or gas immediately, says Mark Gergen, a contract law professor at the University of California-Berkeley law school. [read post]
24 Sep 2020, 5:52 pm
All grounds failed and the Applicant’s mark was registered. [read post]
24 Sep 2020, 5:52 pm
All grounds failed and the Applicant’s mark was registered. [read post]
