Search for: "Mark S. Humphreys"
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23 Jul 2020, 10:10 am
The cancellation applicant was initially successful and had the marks cancelled by the Federal Patent Court, because the Federal Patent Court assumed that the marks only consisted of a shape which resulted from the nature of the goods themselves (Section 3 Para. 2 No. 1 German Trademark Act). [read post]
16 Jul 2020, 5:08 am
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]
14 Jul 2020, 12:26 pm
Attach here s a fantastic essay written by Professor Vinay Harpalani. [read post]
10 Jul 2020, 7:36 am
In the first instance, the EUIPO cancellation division rejected the opposition, finding the two marks dissimilar in the view of the average EU consumer, who does not read or understand Chinese and finding thus that the Latin character sign XI FENG would be sufficient to allow EU consumers to distinguish the two marks. [read post]
8 Jul 2020, 2:16 am
Although not mentioned explicitly in the CJEU’s reasoning, mk advokaten seems to suggest that presence or absence of initial consent of the trade mark owner is simply irrelevant when analysing whether an action can be regarded as ‘use’. [read post]
2 Jul 2020, 8:48 am
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]
1 Jul 2020, 12:36 am
Usually those would be countries where the language(s) in which the marks in question are intelligible are not, or not widely, spoken. [read post]
29 Jun 2020, 10:33 pm
But putting asides the nuances of the confounding Marks Rule, the writing is on the wall for the future of Whole Woman's Health. [read post]
29 Jun 2020, 11:07 am
That's gonna leave a mark. [read post]
23 Jun 2020, 12:56 am
Harm to the mark owner’s goodwill would be irreparable and not redressable by money damages. [read post]
17 Jun 2020, 7:14 am
Essentially, by way of Merck US’s promotional activity, the UK market would see them as a provider of Merck products even though they haven’t sold any Merck branded products in the UK, meaning it still impacts on the essential function of Merck Global’s trade mark rights. [read post]
14 Jun 2020, 2:12 pm
By showing solely the shape of the biscuit and asking the public: ‘What’s the first thing that comes to your mind when you see this product? [read post]
9 Jun 2020, 5:16 am
While the plaintiff’s filing of an application to register the SULKA mark in the United States was “certainly relevant” to intent to market products in the United States, it had little bearing on his ability to expand his business to the United States (Selah v. [read post]
2 Jun 2020, 12:39 am
Thirdly, importing of trade marked goods may occur although they were not imported at the importer’s request. [read post]
24 May 2020, 11:21 pm
In the Advocate General’s view, it is not clear from the wording of Article 8(3) that the conflicting signs must be identical. [read post]
21 May 2020, 5:56 am
Moreover, the OGH found the Higher Regional Court’s findings that (i) the class 21 products, in particular drinking glasses, had a sufficient connection so as to be associated with this geographical location as well, and (ii) that the figurative elements did not alter the dominance of the element “Sophienwald” in the figurative mark, to be in line with established case law. [read post]
20 May 2020, 6:18 am
Lord Justice Arnold has taken on board CJEU’s ruling that a trade mark cannot be invalidated on the ground of a lack of clarity and precision in its specification. [read post]
11 May 2020, 7:53 am
The district court did not err in determining that the evidence did not establish that the San Diego Comic Convention marks were generic. [read post]
27 Apr 2020, 4:52 am
During the Paris trial, AR’s trademark was revoked for non-use. [read post]
20 Apr 2020, 6:31 am
Yesterday's post was from Keith Humphreys (Stanford Med School) reflecting, as I have in the past, on the decline in law-and-policy blogs in the face of the decline of paid journalism and the rise of social media and the gravitation of many bloggers and readers to Twitter and other... [read post]
