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4 Aug 2007, 12:20 am
The death warrant for Mark Schwab, Florida[] [read post]
23 Feb 2011, 5:46 pm by Bill
To mark the signing of Carmelo Anthony by the Knicks the Carnegie Deli has introduced the 'Melo', a $21.95 sandwich that consists of pastrami, corned beef, salami, bacon, lettuce, tomato and Russian dressing on rye. [read post]
27 Oct 2011, 10:08 pm
.), Cabela's counterclaimed that Seirus had engaged in patent false marking. [read post]
22 Jul 2011, 12:31 pm
Marking a product with an expired patent constitutes marking an unpatented article. [read post]
19 Mar 2021, 4:27 am
"Consumers would attribute the same meaning to, and derive the same impression from, the shared lettering KF in Applicant’s marks as they would in the cited mark. [read post]
23 Mar 2016, 3:34 am
As to connotation, Petitioner's marks suggest an Italian brand of coffee, whereas Respondent's mark does not.The CAFC has recognized that a single du Pont factor may be dispositive, "especially when that single factor is the dissimilarity of the mark. [read post]
19 Mar 2007, 9:00 pm
In the instant case, as in Knight Textile, the house mark is deemed to be the primary and most distinctive element of the composite mark. [read post]
20 Apr 2015, 9:13 pm
 The owner of a well-known PUMA trade mark could therefore ask for the cancellation of the conflicting trade mark even if there was no likelihood of confusion but where the degree of similarity between both marks was such that consumers would create a mental link between both marks. [read post]
2 Jan 2015, 2:02 am
It is solely when the marks' other figurative and/or elements are similar that there will be a likelihood of confusion if the overall impression produced by the marks is highly similar or identical.CONCLUSIONSAlthough the likelihood of confusion is to be assessed on a case-by-case basis and appreciated globally, taking into account all factors relevant to the circumstances of the case, as point out in the 11threcital of Trade Mark Directive 2008/95 and in the… [read post]
25 Jan 2007, 9:42 am
The second of today's ECJ trade mark judgments - this time the fate of Dyson's application to register the transparent bin of its vacuum cleaner for vacuum cleaners.The UK court made a reference based on acquired distinctiveness in relation to functional elements of goods, but the ECJ chose to base its decision on whether the mark was in fact a sign.The ECJ's decision has left the IPKat in a bit of a spin*The applied for mark was not a sign, as such it… [read post]
23 Oct 2009, 7:36 am
John Mercer is publishing "A Mark of Distinction: Branding and Trade Mark Law in the UK from the 1860s," in Business History (forthcoming). [read post]
22 Aug 2013, 3:00 pm
By contrast, in the trade mark world in the European Union, the Court of Justice has been following the regressive trend of refusing protection for 3D trade marks. [read post]
3 Nov 2011, 11:49 am by Jay Wolman
While I’m sure someday Mark might take a pro-sexual harassment case to the Supreme Court, arguing for the 1st Amendment right to be [...] [read post]
3 May 2007, 4:24 pm
Winzenburg, Leff, Purvis & Payne is proud to announce that partner Mark K. [read post]
18 Apr 2013, 9:41 am
a trade mark is being used in such a way as to preserve the rights attached to it if it is used only together with another mark, the public sees independent signs in the two marks and, in addition, both marks are registered together as a trade mark? [read post]
26 Sep 2017, 6:51 am
In particular, the regulation governing use of the certification mark shall specify the following: • The list of goods and services of an EU certification mark;• The persons authorised to use the mark;• The characteristics to be certified by the mark;• How the certifying body is to test those characteristics and to supervise the use of the mark; • The conditions of use of the mark, including sanctions. [read post]
9 Oct 2013, 11:56 am
And whether the design is used as a trade mark should be determined by the relation of the products, the situation of the use of the trade mark (position, size, etc. of the trade mark on the products), the fame of the trademark, the user intention and the background of the use of the trade mark, etc.b) Facts of this subjectThe plaintiff has the Korean trade mark rights of the following marks (hereinafter "Plaintiff Marks"):The plaintiff… [read post]