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17 Dec 2017, 11:27 am by Peter D. Sleman
LEXIS 24700, the Federal Circuit found legal error in the lower court's marking analysis and reiterated that "the burden of proving compliance with marking is and at all times remains on the patentee. [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]
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]
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 May 2007, 4:24 pm
Winzenburg, Leff, Purvis & Payne is proud to announce that partner Mark K. [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]
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]
27 Mar 2016, 5:54 pm by rexsecuritieslaw
FINRA Case 16-00613– The customer alleges that Kaplan, while employed … Continue reading Mark Kaplan Investigation-Vanderbilt Securities → The post Mark Kaplan Investigation-Vanderbilt Securities appeared first on Rex Securities Law-BLOG. [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]
2 Feb 2012, 2:10 am by John L. Welch
A mark will be deemed to function as a service mark "only if purchasers will directly associate the asserted mark with the services in question." [read post]
11 Sep 2009, 1:48 am
Julian Lee, in the Age yesterday, reported on the concerns of “marketers” about how hard Australian regulators are making it to register a shape as a trade mark, in the wake of: last month’s ruling by Sundberg J against Guylian’s sea-horse shaped chocolate; and the commencement of Nestle’s appeal against Aldi’s successful opposition to registration of the shape of a Kit Kat bar as a trade mark (BDW discussed the decision here, but the… [read post]
17 Mar 2010, 2:09 am by war
Nestlé has successfully appealed Aldi’s opposition to registration of a 4 bar Kit Kat as a trade mark: Societe Des Produits Nestle S.A. v Aldi Stores (A Limited Partnership) [2010] FCA 218 The trade mark is TM No. 822780 for this: The endorsement reads: The trade mark consists of the shape of the goods, being four bars attached to one another by a thin base as depicted in the representations attached to the application form.* * Accepted under the provisions of… [read post]
20 Jul 2012, 8:39 am by Evan Schaeffer
At Simple Justice, Scott Greenfield reviews Mark Herrmann's new book: Inside Straight: Advice about Lawyering, In-House and Out, That Only the Internet Could Provide-- Mark's posts, much like the Curmudgeon's Guide, offers thoughts and advice that can be read on two levels. [read post]
23 Mar 2010, 7:27 am by The Docket Navigator
., Docket Navigator has collected a comprehensive group of over 150 patent cases alleging False Marking . [read post]
18 Nov 2010, 1:50 pm by Lawrence B. Ebert
The Board also determined that APHC’s marks are likely to cause confusion with APPI’s mark. [read post]
16 Sep 2009, 4:22 pm
Mark Sanchez NFL Rookie of the Week. [read post]