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Interestingly enough, the argument that ” refusal of registration only means that the sign is not granted protection under trade mark law and does not prevent the use of the sign – even in commercial matters” echoes arguments which were made to justify the USPTO’s refusal to “THE SLANTS”. [read post]
16 Mar 2020, 12:28 pm by Evan Lee
In July 1998, Humphrey Daniels was stationed at Minot Air Force Base in North Dakota. [read post]
15 Mar 2020, 5:31 am by Aron Laszlo (Oppenheim Legal)
” The Metropolitan Court of Budapest ruled in 2015 that a tanning tube manufacturer had committed trademark infringement as contract manufacturer, having affixed signs on solarium tubes upon a customer’s orders infringing the plaintiff’s trademark. [read post]
9 Mar 2020, 3:49 am by Linda O'Brien (CCH)
Thus, the Trademark Trial and Appeal Board’s order refusing registration of both proposed marks was affirmed (In re JC Hospitality LLC, February 28, 2020, Prost, S.). [read post]
3 Mar 2020, 7:53 am
Here's a photograph — from the front page at the NYT website — by Mark Humphrey/Associated Press. [read post]
25 Feb 2020, 7:40 am by Verena von Bomhard (BomhardIP)
It is yet to be seen whether this decision has an impact on Julius Sämann’s enforcement strategy to contest later marks in class 3 that consist of or contain tree devices. [read post]
22 Feb 2020, 6:11 am by Chris Wesner
Ann Arbor, 675 F.3d 608, 611 (6th Cir. 2012) (citations and internal quotation marks omitted). [read post]
11 Feb 2020, 7:00 am by Adam White
If the court affirms the CFPB’s novel combination of single-leader structure, for-cause removal protection and immense substantive policymaking power, then its affirmance will mark the final repudiation of Humphreys Executor. [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]
6 Feb 2020, 1:41 pm by sydniemery
Murphy’s article The Brand X Constitution is cited in the following article: Mark H. [read post]
31 Jan 2020, 8:37 am by Verena von Bomhard
Nestlé had argued – and this had been endorsed by the EUIPO – that its ONE mark enjoyed a reputation, and that, in addition, it was an independently distinctive element in the applicant’s mark. [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]
31 Jan 2020, 1:45 am by Kai Schmidt-Hern
So the key question is whether that use affects the function of origin of plaintiffs’ marks. [read post]
28 Jan 2020, 3:38 am by Sara Parrello
If thus the consumer’s choice may be so affected, then use of the mark in question would be able to contribute to create market shares also for the products themselves and not just for the packaging. [read post]