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14 Mar 2007, 12:00 pm
Although his gut instinct was that any site clearly won't be that of the trade mark owner and so no confusion (unless we go down the initial interest confusion route), he thinks this is probably the elusive example of a mark which is different to the earlier mark, but in a way that consumers won't notice (otherwise they wouldn't have typed it by mistake), rendering it deemed to be identical under the LTJ Diffusion test. [read post]
30 Apr 2021, 4:30 am by Nedim Malovic
The relationship between the applicant’s mark and the subject matter or purpose of the goods and services in question were therefore sufficiently direct to render the word mark descriptive of those goods and services, in spite of the fact that the relevant public did not know how the meditation was practised or what the method used exactly consisted of. [read post]
9 Feb 2014, 9:37 pm by Michael Atkins
It would not matter that you started using your mark first and have superior trademark rights. [read post]
29 Apr 2013, 2:40 am by John L. Welch
§ 1127) as follows:[T]he bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. [read post]
25 Jan 2012, 7:15 am by The Editors
how many days on average did it take us to conclude each matter? [read post]
22 Jul 2016, 10:34 am by Mark Astarita
The Securities and Exchange Commission today announced that Brian T. [read post]
3 Jan 2020, 2:05 am
For instance, readers might recall the bad luck of Cardi B’s trade mark application for the word mark “OKURRR” (see here). [read post]
9 May 2019, 1:17 am by Jani Ihalainen
Consumers, therefore, wouldn't necessarily understand the mark to automatically mean the provision of hotel booking services. [read post]
9 May 2019, 1:17 am by Jani Ihalainen
Consumers, therefore, wouldn't necessarily understand the mark to automatically mean the provision of hotel booking services. [read post]
30 Apr 2020, 3:24 am by Alex Woolgar
Doesn't seem as long-running as a pandemic-related lockdown, but we are getting there.] [read post]
27 Oct 2019, 12:01 pm
Earlier this month, Advocate General (AG) Kokott handed down her Opinion in T-766/18 P, providing some indications regarding the distinctive character of collective and geographical collective trade marks and their interplay with geographical indications (GIs). [read post]
9 Aug 2021, 6:01 am
Mark Gold has a characteristically well-reasoned piece in The Art Newspaper as the AAMD's two-year experiment in allowing proceeds from art sales to finance “direct care” of their collections nears its close.The anti-deaccession view is presented as a matter of ethics, and, as Gold says, "unquestionably, preserving the objects entrusted to museums’ care is ethical. [read post]
10 Nov 2009, 5:25 am
To view a copy of the Appellate Division's decision, please use this link: Matter of Mark P. v. [read post]
6 Aug 2012, 5:00 am by Benjamin Wittes
Military Commissions Chief Prosecutor Mark Martins gave the following brief remarks over the weekend in Chicago. [read post]
17 May 2010, 6:45 am by Mandelman
Mandelman Matters Presents: ARE YOU READING THIS STUFF? [read post]