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18 Oct 2017, 10:10 am
Since the shape of the edges and corners were essential characteristics of the marks, the decisions of the Patent Court were overturned.The other two cases concerned nearly identical shape marks for the packaging of chocolate bars (see image below left). [read post]
6 Jan 2010, 6:53 am
Last summer, I wrote about several cases involving allegations of false marking. [read post]
21 Sep 2010, 1:00 pm
In a ruling today, the Fifth Circuit Court of Appeals reinstated the SEC's 2008 insider trading case against Mark Cuban. [read post]
15 Nov 2007, 5:06 am
THURSDAY, NOVEMBER 15, 2007 ORDER IN PENDING CASE 07A383 SCHWAB, MARK D. [read post]
11 Dec 2022, 9:56 am
Importantly, while the date to be considered for assessing acquired distinctiveness of the earlier mark is the filing date of the contested trade mark application, that is not always the case. [read post]
21 Jan 2019, 3:28 pm
The Board relied on several cases where the design aspect of the mark was viewed as the dominant feature of the mark. [read post]
19 Jan 2011, 4:31 pm
The maker of a 1950s-vintage kids’ toy is the latest target as the false-marking lawsuit wave continues [Pittsburgh Tribune-Review] Tags: patent marking Related posts September 7 roundup (8) Patents: “Senate Proposes to End False Marking Onslaught” (1) Open season for “false marking” bounty-hunters? [read post]
15 Mar 2011, 9:48 am
P. 9(b) applies to false marking cases. [read post]
18 Apr 2013, 9:41 am
The court added that the two marks did not differ from each other only in elements which did not alter their distinctive character, so this was not a case in which to apply Article 15(2)(a), which counts use of a mark that is only trivially different from the registered mark as being use of that mark [a principle discussed in Case C‑553/11 Rintisch, noted here by the IPKat] applied. [read post]
3 Jul 2017, 8:46 am
The AntogonistIn the above case, three marks from BMW featured, being the word mark BMW, the Roundel device, and the M logo. [read post]
8 Mar 2011, 12:27 pm
From May 10, 2010 through February 24, 2011, 179 false marking cases have settled for an average of approximately $53,400 per case. [read post]
16 Feb 2010, 6:26 am
Recent cases have increased the potential bounty available in false marking suits. [read post]
29 Jan 2010, 2:06 pm
The following case explains the meaning of “each offense. [read post]
20 Oct 2008, 12:25 pm
Unsurprisingly, in view of the paper's recent campaign to open up the family justice system, the piece concentrates upon Sir Mark's comments favouring the allowing of the media into certain cases ("subject to provisions to protect the anonymity of children, or indeed the parties in appropriate cases"), although Sir Mark makes it quite clear that this is primarily to deal with "largely misplaced criticisms of 'secret… [read post]
22 Aug 2013, 3:00 pm
In that case, Voss had registered the shape mark represented here in 2004 but was the object of an invalidity action in 2008 by a competitor Nordic Spirit AB. [read post]
4 Mar 2010, 1:22 pm
" Roughly 75 false marking lawsuits have been filed in the last two months against over 100 companies (up-to-date case information available here), with many of these qui tam plaintiffs apparently being individuals or entities specifically formed to litigate such false marking suits. [read post]
13 Aug 2022, 6:36 pm
In the case of the UL mark, Underwriter Laboratories is a company that tests electronic devices and components for their safe operation. [read post]
3 Nov 2011, 11:49 am
While I’m sure someday Mark might take a pro-sexual harassment case to the Supreme Court, arguing for the 1st Amendment right to be [...] [read post]
27 Apr 2021, 1:42 pm
Consultants/Ordering Standards If you are permitted to self-certify your product, you may need to order the standards that apply to your product, particularly in the case of the Low Voltage and EMC Directives. [read post]
18 Apr 2023, 7:52 am
The Austrian Supreme Court explored the question, considering whether a company placing the Dynamic Search Ad can be sued for trade mark infringement (case 4 Ob 134/22 t). [read post]
