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19 Mar 2007, 9:00 pm
Jones Investment Co., 75 USPQ2d 1313 (TTAB 2005) [Applicant's NORTON MCNAUGHTON ESSENTIALS trademark for women's clothing is not confusingly similar to opposer's registered mark ESSENTIALS mark for similar goods]. [read post]
13 Aug 2022, 6:36 pm
In some countries, the applicant’s representative in that country needed a telephone conference with the assigned examiner to negotiate how it could satisfy the certification mark requirements. [read post]
3 Sep 2017, 8:26 am
Non-use for five years or more makes a trade mark registration liable to revocation, and Autec is now seeking to have Ferrari's German and EU trade marks revoked.Ferrari had argued that the trade mark was in use, as it was providing maintenance and repair services for the Testarossa - which it stopped making in 1996. [read post]
18 Apr 2017, 7:35 am
The marking statute protects the public’s ability to exploit an unmarked product’s features without liability for damages until a patentee provides either constructive notice through marking or actual notice. [read post]
23 Mar 2016, 3:34 am
As to connotation, Petitioner's marks suggest an Italian brand of coffee, whereas Respondent's mark does not.The CAFC has recognized that a single du Pont factor may be dispositive, "especially when that single factor is the dissimilarity of the mark. [read post]
21 Jan 2011, 7:18 am
Plaintiff's motion to amend his qui tam complaint for false marking to add a new defendant was denied as futile because two other relators had already settled their false marking claim against the proposed defendant. [read post]
30 Nov 2011, 7:09 am
It's the 176th anniversary of the birth of Mark Twain, an anniversary that while not a usual celebratory number (100, 150, or even 175) has been attracting some attention. [read post]
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… [read post]
17 Sep 2016, 2:46 pm
As we reported earlier, Mark was selected to participate in the Edmund S. [read post]
11 May 2012, 5:01 pm
To continue reading, click: Maker's Mark Wins Trade Dress Ruling [read post]
27 Aug 2010, 2:56 pm
The court granted defendant's motion to limit damages in part because plaintiff marked its product's packaging and not the product itself. [read post]
15 Dec 2015, 1:23 pm
To be clear: the truck’s former owner Mark Oberholtzer is NOT sympathetic to terrorists.The post Mark Oberholtzer is NOT Sympathetic to Terrorists appeared first on Legal Reader. [read post]
19 Mar 2021, 4:27 am
TTABlogger comment: Is the "F" in Aquart's mark all in orange? [read post]
19 Jun 2023, 4:50 am
The appellant’s appeal was against the decision of the lower court which had held that the first respondent’s use of ‘iCollege’ was not infringing.The decisionIn upholding the appeal, the SCA noted that the first respondent did not dispute that the appellant had not authorised it to use the appellant’s trade mark and that the only issue for decision was whether the respondent’s iCollege trade mark was… [read post]
18 Sep 2019, 9:09 am
We were thrilled when Mark Alexander of our office was recently awarded a Lifetime Achievement Award by the Washington State Bar Association’s Family Law Section. [read post]
22 Dec 2010, 5:23 pm
Accordingly, the maximum potential liability for false patent marking is significant and should be addressed when incorporating a third party’s part marked with a patent. [read post]
12 Jan 2020, 2:52 pm
That does not seem desirable.Having said that, I would argue that in this case the quality function of EPAL's trade mark is affected. [read post]
25 Aug 2013, 2:12 am
In the US, a mark based primarily on a common surname cannot be trade marked unless it has achieved secondary meaning in the minds of consumers (think: McDonald’s and Heinz). [read post]
17 Jul 2018, 2:18 am
Adlin).The Strength/Fame of Opposer's Marks: Applicant conceded that the GUCCI mark is famous. [read post]
29 Mar 2012, 8:17 am
It remains to be seen whether applicants will take advantage of Canada’s first foray into non-traditional marks. [read post]
