Sentences with phrase «trade mark cases»

Particularly active in contentious patent and trade mark cases.

He has been involved successfully in a number of high profile patent, design and trade mark cases.

My current seat, intellectual property, has already included a hearing in the Court of Appeal on a trade marks case for major Hollywood studio, as well as a patent trial in the High Court, with large international companies on both sides.

Not exact matches

As to the effect of that decree, the Court of Appeals in the Gaidry case held that the cancellation of McIlhenny's trade - mark could not affect his rights, if he, in fact, had acquired, at that time, a common law technical trade - mark; that a trade - mark, if it exists, exists independently of registration, and that cancellation does not extinguish a right which the registration did not confer, citing Edison v. Thot.

In that case Gaidry, a manufacturer of a sauce labelled «Tabasco Pepper Sauce,» brought suit against McIlhenny Company for damages for alleged wrongful conduct in interfering with the plaintiff's business by falsely and in bad faith representing to dealers throughout the country that it had an exclusive trade - mark in the name «Tabasco,» and threatening injunction and other legal proceedings against those who handled any sauce called «Tabasco» not made by the said McIlhenny Company.

In a case similar to the Gaidry case, New Iberia Extract Co. v. McIlhenny Sons, the New Iberia Company had recently recovered damages against McIlhenny Sons in the Supreme Court of Louisiana, on a similar cause of action, New Iberia Extract Co. v. E. McIlhenny, 182 La. 150 [8 T. M. Rep. 189], the decision having been based largely on the judgment of the Court of Appeals for the District of Columbia, cancelling the Mcllhenny Company registration of «Tabasco» as its trade - mark.

As a further inroad on the original doctrine that a geographical name could not be used as a trade - mark, the Court cited the case of Hamilton Brown Shoe Company v. Wolf Bros..

One day you're checking into the hospital with your soon - to - be-no-longer-pregnant wife and your go - bag and an extra landline phone in case you need to do an interview Mark Wahlberg about his World Trade Center Memorial Competition entry, because cell phones aren't allowed in the delivery room, and the next, your teenager sends you an emoji text from her iPhone urgently requesting you to pick up an extra gluten - free cake pop.

In the case of a Community trade mark, it is granted by the official Community Trade Mark office, the OHIM (Office for Harmonisation in the Internal Martrade mark, it is granted by the official Community Trade Mark office, the OHIM (Office for Harmonisation in the Internal Markmark, it is granted by the official Community Trade Mark office, the OHIM (Office for Harmonisation in the Internal MarTrade Mark office, the OHIM (Office for Harmonisation in the Internal MarkMark office, the OHIM (Office for Harmonisation in the Internal Market).

On yesterday's Today programme Mark Wallace of the Institute of Directors was making the case for the relaxation of Sunday trading laws to be made permanent, following its temporary introduction for the course of the Olympic and Paralympic games.

Just in case you missed it, my friend and occasional fishing tutor Carl Safina has a string of posts on Mark Bittman's blog on the continuing invasion of American waters by lionfish, a reef denizen, studded with toxin - tipped spines, that was most likely brought here from Asian waters by the aquarium trade.

«We have seen a surge in high profile trade mark infringement cases involving UK brewers, notably the estate of Elvis Presley's successful claim against BrewDog over the Scottish brewer's «Elvis Juice» beer and in turn BrewDog's successful claim against the owner of the «Draft Punk» pub in Leeds for breaching the trade mark of BrewDog's flagship beer «Punk IPA».

The purpose of the case was to obtain a determination about whether or not it was possible to register sounds as trade marks.

In this case the Registrar of Trade - marks, at the request of the respondent law firm, mailed a letter by Express Post to the registered owner.

The case was referred to the ECJ for a preliminary ruling about whether Art 2 of the Community Directive 89 / 104 / EEC in respect of trade marks precluded sounds or noises from being registered as trade marks and what the requirements were for a sound or noise to be registered.

The defendant in the case, Mr Kist, a communications consultant specialising in advertising and trade mark law, operated an advertising campaign in January 1995, using the Shield Mark signature tune and cockcmark law, operated an advertising campaign in January 1995, using the Shield Mark signature tune and cockcMark signature tune and cockcrow.

The first important matter was that this was not an appeal from any decided case, but from a decision on the interpretation of whether something could be a criminal offence under section 92 of the Trade Marks Act 1994.

At the interlocutory stage in the O2 case, the High Court said that s 10 (6) effectively had to be interpreted to give a trade mark owner a remedy only where the comparative advertising fell outside of the CAD.

If that is the case, then using the mark in a comparative advert does not damage that guarantee as long as it is not used in such a way as creates confusion between the advertiser and the mark owner or their goods (something which is dealt adequately in the CAD); one is tempted to agree with Lord Justice Jacob's view that trade mark law has no place in this arena.

34 In the case of an alleged infringement of a national trade mark registered in a Member State because of the display, on the search engine website, of an advertisement using a keyword identical to that trade mark, it is the activation by the advertiser of the technical process displaying, according to pre-defined parameters, the advertisement which it created for its own commercial communications which should be considered to be the event giving rise to an alleged infringement, and not the display of the advertisement itself.

The first unexpected email of the day has arrived, and a long standing client has informed us of a new case of passing off and trade mark infringement which they want to pursue and want us to write a letter before action on their behalf.

It affirmed the lower court decision of Justice Manson which had held that, on the facts of the case, the use of metatags on web pages did not constitute passing - off, trade - mark infringement or depreciation of goodwill.

However, unlike copyright which automatically springs into existence upon creation, a trade mark must be registered in the relevant jurisdiction (the UK in your case); a US or Australian trade mark, for example does not prevent anyone dealing with it in the UK.

Should also point out that a July 2017 case before the supreme court affirmed the rule that hate speech is protected free speech in the states (the case in question reversed rules on racial slurs being trademarks when an Asian American band tried to trade mark their bandname, which was reclaiming a slur for Asians.).

They must also be readable in the same field of vision as the trade - mark and always well - lit if this is also the case for the trade - mark.

There have been improvements in dealing with customs issues and more recently attention has been turned to the cost of protection, which means that it is more cost effective to file in the areas of interest in the EU, not just adding trade mark classes (as used to be the case); previously it was possible to protect three classes for the price of one, which I think most trade mark applicants tended to do whether they had interest in the extra classes or not.

However there seems no reason to assume that it will not be another useful option as has been the case for trade mark owners for many years.

A case which proves that even the largest international brands can have difficulty managing their portfolio of trade marks, Apple has lost a trademark fight in the Chinese courts over the registration of «iPhone» in relation of leather goods including mobile phone and tablet cases.

Many businesses will hope this is the case and, indeed, that the UK will negotiate continued participation in the EU Intellectual Property Office to protect UK participation in the system which enables EU Trade Mark and Community Registered Design systems.

In such cases, we refer to the fact that the law allows using a trade mark «under the right holder's control».

44 In this case, the Board of Appeal's reasoning rejecting the argument based on the allegedly descriptive character of the «doughnuts» element of the trade mark was sufficient to enable the applicant to understand the reasons that had led the Board of Appeal to adopt the contested decision and to enable the Court to exercise its power of review.

For example, in 2015 the Supreme Court of the Russian Federation determined that in case the right holder does not use its trade mark, its action related to recovery of compensation from another entity using any similar mark are regarded as abuse of right.

A small number of our lawyers are regulated by other professional legal bodies including The Bar Standards Board, the Institute of Trade Mark Attorneys, and in the case of lawyers admitted in other jurisdictions, the relevant regulatory body of their place of admission.

We have particular expertise in copyright licensing, enforcement and valuation (including disputes before the Copyright Tribunal) and also specialise in brand protection (including trade mark registrations in the UK, EU and internationally and «passing off» cases).

Mark J. Ruehlmann focuses his practice on commercial litigation, with an emphasis on cases in the financial services sector, along with disputes involving business interruption, product liability, intellectual property and trade secrets.

• Mark A. Cantor (IP Litigation Category)-- president, registered patent attorney, professional engineer and one of the firm «s five founders — has handled and tried litigation cases relating to patents, trademarks, trade secrets and copyrights in a number of national and international forums.

The London Taxi Company lost a case for trade mark infringement where the defendants succeeded in their allegations for invalidly registered trade marks

And when our clients need us to, we can provide a full legal service on all cases of IP infringement, bringing extensive experience not just in the relevant courts, but also in arbitrations and trade mark registry proceedings.

We provide a full legal service on all cases of IP infringement, including trade marks, passing off, copyright, design right, database right, patents, advertising disputes and domain name disputes.

On May 31, 2016, the Canadian Trade - Marks Opposition Board released its decision in the case of Restaurant Development Group LLC v Vescio Group Inc. (case citation: 2016 TMOB 82).

An advantage gained by a «consequential association» with a well - known mark can be sufficient to amount to trade mark infringement, according to an advocate general's opinion in a case involving L'Oreal products.

Geoff Steward, partner at Macfarlanes LLP says: «Advocate General Mengozzi's opinion on trade mark dilution in free - riding cases, if followed by the European Court of Justice, will sound the death knell on lookalike products.

(Protection can come from a specific statute or from the Trade Marks Act in some cases.)

The ECJ summarised by ruling that, where a licensee puts luxury goods on the market in contravention of a provision in a licence agreement but must nevertheless be considered to have done so with the consent of the trade mark owner, the proprietor of the trade mark can rely on such a provision to oppose a resale of those goods on the basis of Art 7 (2) of the Trade Marks Directive only if it can be established that, taking into account the particular circumstances of the case, such resale damages the reputation of the trade trade mark owner, the proprietor of the trade mark can rely on such a provision to oppose a resale of those goods on the basis of Art 7 (2) of the Trade Marks Directive only if it can be established that, taking into account the particular circumstances of the case, such resale damages the reputation of the trade trade mark can rely on such a provision to oppose a resale of those goods on the basis of Art 7 (2) of the Trade Marks Directive only if it can be established that, taking into account the particular circumstances of the case, such resale damages the reputation of the trade Trade Marks Directive only if it can be established that, taking into account the particular circumstances of the case, such resale damages the reputation of the trade trade mark.

At Gorodissky & Partners, notable work included representing Russian confectioner Chocolate Toy in a copyright infringement dispute; defending Decor Rus against an infringement action brought by a competitor; and representing Perfetti Van Melle in a trade mark infringement case filed by New Technologies regarding its «FOOTBALL» mark.

For several years running The European Legal 500, Chambers & Partners have highly recommended the team led by Elena Trusova as one of the strongest in Russia and Elena is named recommended individual in her practice areas: «Department head Elena Trusova is well known for trade mark protection and litigation work and has practical experience of handling high - profile cases.»

The firm handles trade mark and patent registrations, and regularly represents clients in administrative and arbitral cases before the Russian Chamber for Patent Disputes (CPD).

In this case, the Applicant sought to expunge a trade - mark registered in 2010 by the Respondent Hrdlicka.

Sergey Lovtsov heads the department, which recently represented International Masis Tabak in a trade mark infringement case filed by Philip Morris Brands.

Also strong in contentious trade mark, domain name and copyright cases, as well as assisting with registration issues.