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1 Apr 2024, 12:16 am by Marcel Pemsel
Since MHCS’ trade mark has been filed prior to the accession of several Member States to the EU in 2004, 2007 and 2013, MHCS will not have to establish acquired distinctiveness for these ‘new Member States’ (Art. 209(4)(a) EUTMR). [read post]
7 Feb 2014, 2:26 am
Indeed, in paragraph 55, the Court states that “the coexistence of earlier marks on the market might reduce the likelihood of confusion. [read post]
24 Jun 2016, 11:53 am by MBettman
On June 10, 2015, the Supreme Court of Ohio heard oral argument in the case of State of Ohio v. [read post]
17 May 2014, 5:24 pm by Martha F Davis
As the nation marks the 60th anniversary of the unanimous Supreme Court decision in Brown v. [read post]
30 Jan 2014, 5:28 am by Reproductive Rights
Frederick Mark Gedicks (BYU Law School) has posted the Brief of Amici Curiae Church-State Scholars in Support of the Government in Sebelius v. [read post]
17 Jul 2016, 10:00 pm
Trademark law states that "[a] product's color standing alone may qualify for trademark protection.Qualitex Co. v. [read post]
9 Jun 2016, 1:30 am by Paul Caron
Brohl marked another entry into the ongoing saga regarding the scope of state taxing power over... [read post]
8 Jul 2012, 9:30 pm by Darren
South African case law that has referred to European decisions that have caused the UKIPO to summarise the Principles as they have been referred to above include Adcock Ingram v Cipla Medpro (Sabel v Puma), Laugh it off Promotions v SAB (Canon v MGM), Puma v Global Warming (Marca Mode v Adidas) and Cowbell v ICS Holdings (Canon v MGM). [read post]
15 Apr 2015, 12:40 am
The challenge to secure registration is even greater because slogans are often treated merely as a form of advertisement rather than a source identifier (indeed, this might be the case even if the hashtag-based mark includes a well-known registered mark).Trade marks go socialPerhaps there is another way to view hashtag marks such as those above, based on the approach suggested by Judge Kozinski of the U.S. 9th Circuit Court of Appeals.In Plasticolor Molded… [read post]
28 Mar 2022, 2:17 am by Alyson Poole (AU)
The answer has recently been summarised in Viceroy Cayman Limited v Anthony Otto Syrowatka [2021] ATMO 159 (Viceroy v Syrowatka), stating “[i]t is well established that ownership of a trade mark is established either by authorship and prior use, or by the combination of authorship, the filing of the application and an intention to use or authorise use”. [read post]
28 Mar 2022, 2:17 am by Alyson Poole (AU)
The answer has recently been summarised in Viceroy Cayman Limited v Anthony Otto Syrowatka [2021] ATMO 159 (Viceroy v Syrowatka), stating “[i]t is well established that ownership of a trade mark is established either by authorship and prior use, or by the combination of authorship, the filing of the application and an intention to use or authorise use”. [read post]
1 May 2020, 4:24 am by Riana Harvey
 The Deputy Judge stated the importance of comparing the respective marks as a whole, rather than focusing on similarities and differences in their individual features. [read post]
10 Oct 2007, 10:59 pm
State, 701 So.2d 76 (Fla. 1997) and Buenoano v. [read post]