Search for: "Marks v. Goodding"
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26 Apr 2021, 7:52 am
In November 2019, the Board dismissed the appeal and found that there was a likelihood of confusion by considering, first, the average degree of visual and phonetic similarity of the marks at issue and, second, the identity of the goods in question.The Applicant subsequently appealed to the General Court.The General Court’s considerationsRelevant public and its level of attentionThe General Court confirmed the Board’s finding that the relevant public was the French… [read post]
17 Mar 2010, 2:09 am
Nestlé has successfully appealed Aldi’s opposition to registration of a 4 bar Kit Kat as a trade mark: Societe Des Produits Nestle S.A. v Aldi Stores (A Limited Partnership) [2010] FCA 218 The trade mark is TM No. 822780 for this: The endorsement reads: The trade mark consists of the shape of the goods, being four bars attached to one another by a thin base as depicted in the representations attached to the application form.* * Accepted… [read post]
20 Feb 2007, 5:24 pm
Monster Cable Prods. and Monster Cable Int'l, Ltd. v. [read post]
3 Jul 2015, 8:24 am
On that basis the CTMs had not been used by Sofa Workshop in the five year period in order to maintain or create market share within the EU for the goods or services covered by the marks. [read post]
8 Nov 2018, 3:04 am
He highlighted key amendments to the Trade Mark Act 1994 such as:The expanded definition of a Trade Mark as a result of the removal of the “graphical representation” criteria, which enables the registration of marks such as motion marks, holograms and multi-media marks.A new ability for rightsholders to stop goods in transit – coming through the UK – where the goods would be infringing at their destination country.The own… [read post]
22 Jul 2014, 2:15 am
The fame of the POST-IT mark was the dominant factor, with the Board rejecting applicant's principal argument that the marks are not confusingly similar. 3M Company v. [read post]
16 May 2018, 11:03 am
See Quality Inns Intern., Inc. v. [read post]
28 Sep 2010, 2:00 am
In Pequignot v Solo Cup Company, 2009-1547 (June 10, 2010), the Court focused on the “intent” required for liability under the false marking statute. [read post]
8 Dec 2011, 2:33 am
Ahold Licensing SA v. [read post]
20 Apr 2015, 9:13 pm
The defendant was the owner of the younger German word device trade mark registration for the word element "PUDEL" (English: poodle) and the outline of a jumping poodle, which had been registered since early 2006 for clothing and t-shirts, among other goods. [read post]
29 May 2009, 1:10 pm
The Federal Court recently issued its judgment in NPS Pharmaceuticals, Inc v. [read post]
19 Jan 2017, 4:10 am
adidas AG and adidas America, Inc. v. [read post]
5 Jan 2010, 12:21 pm
Court of Appeals for the Federal Circuit, in The Forest Group, Inc. v. [read post]
6 Feb 2018, 5:29 am
Arnold J kicks off CJEU references in Sky v SkyKick After five days in court and 358 paragraphs, Mr Justice Arnold has just handed down his decision in Sky v Skykick [2018] EWHC 155. [read post]
17 Jul 2016, 10:00 pm
The broken lines depicting the configuration of the goods indicate placement of the mark on the goods and are not part of the mark‚¬. [read post]
16 Apr 2015, 3:18 pm
The obvious argument by Christian Dior will be based on the concern that the ‘Sirous Dior’ mark will infringe the trade marks it currently holds in New Zealand: that the registration and use of the ‘Sirous Dior’ trade mark would be detrimental to the Dior brand.New Zealand’s Trade Marks Act 2002 states at section 89(1)(d) that“A person infringes a registered trade mark if the person does not have the right to use the… [read post]
4 Jan 2019, 6:40 am
" So begins, Carr J's latest trade mark judgment in the English High Court - Pathway IP SARL v Easygroup Ltd [2018] EWHC 3608.This case was a High Court appeal from a successful application by EasyGroup to revoke two trade marks for non-use. [read post]
23 Mar 2016, 3:34 am
Torrefazione Italia LLC v. [read post]
17 Dec 2018, 2:29 am
The LV mark (below) is registered in respect of goods in Classes 18 (e.g. [read post]
18 Mar 2013, 4:23 am
Wilson Sporting Goods (Fed. [read post]
