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24 Apr 2020, 7:54 am
Thanks to a recent decision, In re Forney Industries Inc., Appeal No. 2019-1073, by the US Federal Circuit Court of Appeals (Federal Circuit), it may now be easier for businesses to obtain federal trademark registration for some color-based product packaging trade dress. [read post]
23 Aug 2018, 1:38 am
In confirming the refusal, the EUIPO Board of Appeal recalled the CJEU’s preliminary ruling in C‑421/13 (Apple Inc. vs Deutsches Patent- und Markenamt) according to which a concept store may serve as a trademark if it is capable of indicating commercial origin, particularly if the depicted concept “departs significantly from the norm or customs of the economic sector”. [read post]
5 Apr 2017, 9:59 am
Op., Varsity Brands, Inc. [read post]
5 Apr 2017, 9:59 am
Op., Varsity Brands, Inc. [read post]
2 Nov 2016, 2:29 am
The case of Varsity Brands Inc. v Star Athletica LLC dealt with the design of a cheerleader uniform, comprising of several different designs, incorporating various colors that divide the uniform into specific shapes and segments (visible here). [read post]
5 Sep 2012, 9:29 am
Holding, Inc. [read post]
26 May 2017, 1:39 pm
We express no opinion on whether these works are sufficiently original to qualify for copyright protection, see Feist Publications, Inc. v. [read post]
12 Aug 2013, 6:18 am
Green Day, Inc., No. 11-56573 (9th Cir. [read post]
27 Dec 2017, 10:05 am
I.e., won’t the consumer nearly always be “drawn to the products by viewing the prominent word mark, logos and the decorative colors? [read post]
25 May 2015, 10:01 pm
Appeal Samsung attacked the judgment on many grounds. [read post]
15 Jan 2019, 3:15 am
United Trademark Holdings, Inc., Opposition No. 91241083 (December 28, 2018) [not precedential]. [read post]
16 Feb 2010, 9:17 am
The applicant appealed against this decision. [read post]
27 Mar 2017, 1:15 am
The Supreme Court handed down its decision only last week.Without discussing the facts in too much detail, the case of Star Athletica LLC v Varsity Brands Inc. dealt with two companies that design and manufacture cheerleading outfits, which often incorporate fanciful designs and patterns to distinguish the cheerleaders from each other (and to bring in their respective schools' colors). [read post]
24 Feb 2017, 10:05 am
I.e., won’t the consumer nearly always be “drawn to the products by viewing the prominent word mark, logos and the decorative colors? [read post]
24 Jul 2008, 1:32 pm
Inc. v. [read post]
19 Dec 2012, 6:29 pm
The reason is that trademarks are used to identify the origin of goods or services. [read post]
9 Aug 2012, 7:01 pm
The Ville also copied the home valuation system.The Ville homes can be decorated with almost identical items. [read post]
31 Dec 2019, 4:40 am
In Rimini Street, Inc. v. [read post]
10 Dec 2020, 8:30 pm
In January, Republicans will welcome their most ethnically diverse and gender-diverse freshman class in history as women and lawmakers of color join their predominantly White and male ranks. [read post]
19 Feb 2010, 12:32 pm
Add to that Dean’s background as a decorated Vietnam veteran, and it’s easy to see how a jury might have looked on them favorably. [read post]