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25 Jan 2007, 9:42 am
*Such non-specific subject matter would give Dyson a competitive advantage by excluding competitors from using any form of transparent collecting bin.The IPKat says that in basing the decision on Art.2, the ECJ has neatly avoided the problem inherent in Art.3(1)(e) that functionality is limited to shapes and doesn't appear to include colours, while at the same time protecting the public interest of enabling other traders to compete by using technical solutions that underlies… [read post]
18 Dec 2013, 5:01 am
Rule 2.72(a)(2) provides that a Section 1(a) applicant may amend the drawing of the mark if "[t]he proposed amendment does not materially alter the mark." [read post]
7 Apr 2016, 6:00 am by David Pabian
The post Whose Intent Matters in an Abandonment Claim? [read post]
2 Sep 2009, 6:26 am
However, according to Mr Hearing Officer Salthouse, this was not the end of the matter. [read post]
7 Dec 2009, 12:46 am
You can reach Mark at 714-597-6900 Martin Andelman Mandelman Matters [read post]
2 Sep 2011, 1:31 pm by buslawblogger
Over at Above the Law, Mark Herrmann says, "Don't be a Mentor! [read post]
25 Mar 2016, 5:17 am by Rebecca Tushnet
” Because its claims regarding popularity, trust, and a history of quality were “anchored as a factual matter to the FLANAX mark’s history ‘in the Latino American market,’” they weren’t puffery. [read post]
5 Mar 2020, 11:02 am by Peter Groves
I have shown one of the claimant's registered trade marks and one of the defendant's signs, but you can see them all in the judgment if you click on the link, should you feel it necessary.There was not a high enough level of similarity to find a likelihood of confusion under Article 9(2)(b), but that didn't matter much because the Deputy Judge held that there was unfair advantage, so Red Bull succeeded. [read post]
29 Dec 2023, 8:30 am by Anna Maria Stein
  Regarding the relevant public, the GC recalled that it consists of consumers who are likely to use both the goods protected by the earlier mark and those covered by the trade mark application (T‑270/09). [read post]
1 Apr 2024, 12:16 am by Marcel Pemsel
A description may not be inconsistent with the graphic representation of the trade mark or give rise to doubts as to the subject matter and scope of that graphic representation. [read post]
2 Jan 2007, 1:37 pm
But Samuel Clemens can't claim to be Mark Twain in my business dealings with him (if it matters to me that he is in fact Mark Twain). [read post]
10 Jan 2019, 10:52 pm
Therefore, this book is the first and only study on protectable subject matter across the range of intellectual property rights and systems.Why hasn't anyone thought of this before, I hear you ask? [read post]
14 Jan 2019, 5:12 am by Peter Groves
*You probably don't need this, but "Starts to ... [read post]
17 Mar 2010, 2:09 am by war
How it sits with Re Yanx’ TM might be another matter. [read post]
2 Feb 2018, 2:52 am by Wim Alberts
  The matter came before the court following an appeal from the earlier ruling of the Trademark Trial and Appeal Board. [read post]
26 Jan 2016, 10:17 am by David M. Ward
So Mark Zuckerberg wears the same t-shirts and hoodies every day. [read post]
5 Oct 2010, 6:27 am
"Supreme Court's conservative majority is making its mark; The conservative justices' influence on constitutional law isn't likely to end soon, no matter who wins the White House in 2012": Erwin Chemerinsky had this op-ed yesterday in The Los Angeles Times. [read post]