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22 May 2018, 1:18 am by Jani Ihalainen
This is to prevent the registration of a common trade term for goods or services, placing legitimate traders at a disadvantage.What lies at the heart of this decision is Pizza Pizza v The Registrar of Trade-marks, where the mark 'PIZZA PIZZA' was deemed to not be descriptive of the goods, namely pizza. [read post]
22 May 2018, 1:18 am by Jani Ihalainen
This is to prevent the registration of a common trade term for goods or services, placing legitimate traders at a disadvantage.What lies at the heart of this decision is Pizza Pizza v The Registrar of Trade-marks, where the mark 'PIZZA PIZZA' was deemed to not be descriptive of the goods, namely pizza. [read post]
13 Sep 2019, 1:41 am
On 25 March 2019, the Australian Trade Marks Office (ATMO) handed down a decision in Comite International Olympique v Tempting Brands Netherlands BV. [read post]
2 Jun 2015, 2:27 am by Jeremy Speres
Just over a year ago, we reported on a rather confusing trade mark infringement and expungement judgement of the Western Cape High Court in Etraction v Tyrecor. [read post]
9 Apr 2010, 12:44 pm
This ruling gave heart to trade mark owners by clarifying that an action of trade mark infringement can be brought where breach of a 'channel of sale' obligation in a contract leads to the entry of luxury goods into the market without the brand owner's consent and thus puts the goods' aura at risk. [read post]
16 Oct 2019, 2:26 am by Peter Groves
The second issue was whether a lack of intention to use a trade mark on some of the goods for which it was registered amounted to bad faith: and would bad faith invalidate the trade mark, either in its entirety or for the excess goods or services? [read post]
17 Aug 2011, 1:17 pm by Tom Casagrande
(The court didn't say what listed goods and services were, but the PTO website reveals it's "Credit scoring services and credit risk management and risk management services". ) The court found that consumers perceived the mark to convey a range of credit scores, rather than as an indicator of source.The court also upheld the jury’s verdict that FICO committed fraud on the PTO in obtaining registration of the mark. [read post]
5 Jul 2012, 2:58 am by sally
Budéjovický Budvar, národní podnik v Anheuser-Busch Inc [2012] EWCA Civ 880; [2012] WLR (D) 190 “Where a longstanding situation of honest concurrent user of the same mark for goods had come about, each user could register its mark, and each could stop third parties from using it, but neither could stop the other. [read post]
11 Nov 2009, 5:02 am
If I register German generic term A as a trade mark where it's not generic, eg Spain, in order secure registration of A.eu, but it is my intention to use the domain name A.eu in respect of the goods or services for which A is registered, have I used the mark?] [read post]
21 Apr 2013, 3:20 pm
Was he not relaxed, informally attired, looking forward to enjoying the good things in life? [read post]