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13 Nov 2018, 12:24 am by Joseph Arshawsky
The Eighth Circuit, however, affirmed the district court’s judgment of trademark infringement and dilution pertaining to SMRI’s registered “Sturgis Bike Week” mark and its registered “Monahan” design mark for the rally because the marks were entitled to a presumption of validity when the infringing use occurred (Sturgis Motorcycle Rally, Inc. v. [read post]
23 Nov 2015, 3:25 pm
 Thank you Edward Humphrey-Evans (Katpat!) [read post]
30 Jul 2019, 1:45 am by George Basharis
Substantial evidence supported the USPTO’s refusal to register the mark ARTISAN NY, for clothing, on likelihood of confusion grounds, the U.S. [read post]
3 Sep 2018, 11:45 pm by Nicholas Kaster
The Board’s findings as to the DuPont factors were supported by substantial evidence, in the court’s view. [read post]
23 Jan 2020, 4:09 am by Joseph Arshawsky
However, as to two other marks also featuring the word IDHAYAM, VVV failed to file an opposition to the defending company’s motion to dismiss and therefore waived its claims (V.V.V. [read post]
8 Aug 2019, 4:17 am by Robert Margolis
Robert MargolisA licensor’s failure to disclose in discovery an agreement acknowledging that a third party owned the mark was properly sanctioned. [read post]
4 Feb 2010, 4:43 am by SHG
  And so came the title of this post by Rachel Humphrey Fleet, a Seattle lawyer who attended Avvocating, Advanced Online Marketing Training for Lawyers. [read post]
26 Jun 2018, 5:29 am by Cheryl Beise
Cheryl BeiseSubstantial evidence supported the Trademark Trial and Appeal Board’s finding that the mark “AQUAPEL” and design for leather and imitation leather hides, furniture covers, and various home goods was confusingly similar to the mark “AQUAPEL,” registered in standard characters, for different types of home goods, the U.S. [read post]
11 Feb 2020, 1:37 am by Brian Craig
In affirming the federal district court’s dismissal of Neutron Depot’s suit alleging infringement of the INSURANCE DEPOT mark against Bankrate, the Fifth Circuit concluded that Neutron Depot did not own the mark outright at any point when the infringement took place (Neutron Depot, LLC v. [read post]
16 Jul 2020, 5:08 am by Julie Schmitt (Umami Law)
Hearing: on a party’s or the French trade mark office’s request Decision taking (up to 3 months) The French trade mark office’s goal is to issue a decision within 10 months from the filing of the cancellation action. [read post]
25 Apr 2014, 5:51 am
 If you are practising trade mark law, it's a mistake to look to Supreme Court decisions since they are atypical of whatever happens in trade mark practice. [read post]
17 Sep 2018, 8:31 am by Sascha Abrar
Accordingly, the defendant’s application for customs action would constitute an unlawful obstruction of the plaintiff’s business. [read post]
13 Apr 2007, 1:57 am
Features in this issue include* an illustrated and carefully referenced round-up by Arnaud Folliard-Monguiral (OHIM) and David Rogers (EPO) of Community trade mark case law developments during 2006 (abstract here);* a special focus by OHIM's Gordon Humphreys on proof of use, continuity of functions in inter partes proceedings and three-dimensional marks (abstract here);* "Patently designed and trade marked: MMORPGs", academician Yee Fen… [read post]
2 Jul 2020, 8:48 am by Kai Schmidt-Hern (Lubberger Lehment )
The court’s touching upon the rationale of Art. 15 EUTMR raises the question, what is the incentive for advertisers to use alterations of a mark. [read post]
8 Feb 2019, 4:12 am by David Leffler
At the time of registration of Dalecarlia’s marks, several trademarks depicting Dala horses were already registered in class 30. [read post]
23 May 2018, 4:00 am by Peter Schramm
The court ruled that a three-dimensional mark consisting of the graphical background of a popular chocolate bar’s packaging could not be registered since the design was not perceived as an indication of origin, but rather as an indication of an ingredient of the packaged goods. [read post]
31 Jan 2020, 4:20 am by Julius Stobbs
Julius Stobbs and Michelle PhuaMany trade mark owners will rejoice in CJEU’s decision in Skykick this week as the CJEU ruled that overly broad specifications will not automatically render a registered mark invalid and that the lack of intention to use the mark at the time of its application will not necessarily result in bad faith. [read post]
23 Feb 2019, 11:28 am by Amrit Singh
M/s Electronic Sound Components Co., where the Delhi High Court had held that there was deceptive similarity between the trademarks “Surya” and “Bhaskar” as both marks are literal translations of the word ‘Sun’. [read post]