Sentences with phrase «where trade mark»

«A person infringes a registered Trade Mark if he uses in the course of trade a sign which (a) is identical with or similar to the Trade Mark and (b) is used in relation to goods or services which are not similar to those for which the Trade Mark is registered, where the Trade Mark has a reputation in the United Kingdom, and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the Trade Mark.»

Where a trade mark has a reputation, its owner may challenge any sign which, without due cause, would take unfair advantage or would be detrimental to the distinctive character or repute of its mark.

Not exact matches

Senate Banking Committee Chairman Tim Johnson, D - S.D., noted in his remarks that Wednesday marked the two - month anniversary of Dimon's «tempest in a teapot» comments, where he «downplayed concerns from initial media reports» of the company's CIO trades.

This is the sort of thing Hornsby likes to talk about with his pro athlete buddies, people like pitcher Mark Langston, whom he met after a concert in Seattle, where Langston was playing before being traded to Montreal.

But Slaughter's opponent, Republican Mark Assini, said Congress should already know where to start when it comes to bad trade deals.

Menin later joined C.B. 1, where as the mayor pointed out, she received high marks for finding consensus over divisive high - profile neighborhood issues like Occupy Wall Street and the Islamic center near the World Trade Center, a.k.a. «the Ground Zero mosque.»

7.3 All rights (including goodwill and, where relevant, trade marks) in the name ELITESINGLES are owned by or licensed to ELITESINGLES.

Two students independently mark up what they value and then a facilitator helps them to trade sheets and recognize the places where they actually agree on the «big stuff,» which helps guide resolution about the small things.

With that said, today marks a personal mile stone for me where as I just completed my 10th consecutive 2 to 1 or more, profitable trades.

This year marks Abu Dhabi's eighth showing at Arabian Travel Market where the emirate's tourism industry looks to forge stronger links with the GCC trade.

-- Nintendo previously made Zelda games by making small areas and connecting them together — For Breath of the Wild, the team first had to figure out what needed to be placed on the map — Groups were created out of the over 300 devs to work on specific sections of the world — Game Informer's demo starts at Serenne Stable — Yammo runs this place — Link can rest in bed and restore health here — Stable also lets you store horses, meet with merchants, NPCs — Stables are located throughout the world — Each one is run by a distinct character — You can spend rupees on a more expensive bed, giving you an extra heart the next morning — These hearts are yellow and can't be recovered if you're hit in combat — Spending time by fires in the world passes time — Dynamic weather system in the game, with the world reacting as a result — Ex: when it starts raining, NPCs outside the stable quickly go inside — Beedle is back to sell you goods — Have to be careful during a thunderstorm, since your metal items can attract thunder — Metal weapons and shields can be discarded or thrown at enemies — Link can get killed by lightning — Difficulty dips / spikes depending on where you are, since you can go around it and avoid it until you're stronger — Over 100 Shrines — You can find an item that identifies Shrines — Discover a Shrine for it to be a fast - travel point — Shrines also give a Spirit Orb — Trade in orbs for unknown items — Dedicated team handled animal A.I. — Bears, wolves, deer move through the snow — You can get overwhelmed by enemies quickly — Link can keep multiple horses at a time — Affection / loyalty important with horses — Feed and take care of horses to raise their stats — Can call horses over to you, but horses need to be within a certain proximity to be called — Horses can be killed by enemies — Aonuma «wanted players to choose their own path», so no companion character in this game — Stamina meter encopasses sprinting, paragliding, climbing — Meter can be upgraded, but Nintendo won't say how — Different shields have different speeds and level of control for snowboarding — Can mine rocks which can be solid for rupees or used for crafting — Can place stamps to mark areas of interest — 100 of these symbols can be used on the map, including sword, shield, bow and arrow, pot, star, chest, skull, leaf, diamond — Every style of weapon has a unique set of animations and feel different — No invincible weapons in the game, Nintendo says — Zelda can get mad at you and scold you — Players can see the ending without seeing everything from the story — A certain element was added in the game to make for a more cohesive storyline — Most difficult Zelda game to make — Aonuma is still finding new things in the world

Since 2004, she has been a member of the curatorial council for Prefix ICA, where she curated 31 by Lorna Simpson in 2005, the group exhibition Trade Marks in 2013, and Facing by Renée Green in 2016.

Since 2004, she has been a member of the Curatorial Council for Prefix ICA, where she curated 31 by Lorna Simpson in 2004 and the group exhibition Trade Marks in 2013.

O2 further claimed that Recital (14) of the CAD requires that the advertiser is allowed the use of another party's trade mark, where it is «indispensable, in order to make comparative advertising effective, to identify the goods or services of a competitor, making reference to a trade mark or trade name of which the latter is the proprietor».

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.

[22] I find, therefore, that a trade - mark which appears on a computer screen website in Canada, regardless where the information may have originated from or be stored, constitutes for Trade - Marks Act purposes, use and advertising in Catrade - mark which appears on a computer screen website in Canada, regardless where the information may have originated from or be stored, constitutes for Trade - Marks Act purposes, use and advertising in CaTrade - Marks Act purposes, use and advertising in Canada.

Article 5 of Council Directive 89 / 104 / EEC (trade marks) and Art 3a (1) of Council Directive 84/450 / EEC (misleading and comparative advertising)(the Directive) must be interpreted to the effect that the proprietor of a registered trade mark is not entitled to prevent the use by a third party, in a comparative advertisement, of a sign similar to that mark in relation to goods or services identical with, or similar to, those for which that mark was registered where such use does not give rise to a likelihood of confusion on the part of the public.

Intellectual property (IP) solicitor and trade mark attorney Will Sander has joined Chancery Lane headquartered Keystone Law from Bond Dickinson, where he was a Managing Associate.

David practices with Harrison Pensa in London Ontario, where he is a business lawyer and trade - mark agent with a focus on technology issues and technology companies.

A complex trade mark could be regarded as being similar to another trade mark which is identical or similar to one of the components of the complex mark, unless that component forms the dominant element within the overall impression created by the complex mark (as where that component was, by itself, likely to dominate the image of that mark which the relevant public kept in mind, with the result that all the other components of the mark were negligible within the overall impression created by it).

It constantly amazes me that updates in trade mark protection are often overlooked in - house, particularly in large corporate companies where there is no in - house IP department to advise.

This led to clutter on the register, and more uncertainty and cost for trade mark owners, who would have difficulty in clearing marks for use and registration in 28 states, only to have to face expensive litigation against prior marks, where use of those marks in the relevant fields was questionable.

Prior to Lighthouse, Mark most recently served as the CIO of NGL Energy Partners, where he led post-merger integration of technology systems and restructuring of the IT organization, implemented a Workday HRIS installation to handle the HR needs for 2,600 global employees, and developed a roadmap and rationalization strategy for combining NGL's core ERP and trading systems.

However, this has not been the approach taken by the EU IPO, or indeed the UK IPO or English High Court2, which have preferred the multifactorial analysis approach taken in the 2012 CJEU decision of Leno3 where the CJEU stated that «territorial borders of the Member States should be disregarded in the assessment of whether a trade mark has been put to «genuine use in the Community»... taking account of all the relevant facts and circumstances, including the characteristics of the market concerned, the nature of the goods or services protected by the trade mark and the territorial extent and the scale of the use as well as its frequency and regularity».

The Court of Appeal decided that a reference to the CJEU was necessary as, although the decision of the Bundesgerichtshof was persuasive (as it is the highest civil court in Germany), the meaning of «the Member State where the act of infringement has been committed» in Art. 97 (5) / 125 (5) of the EU Trade Mark Regulation had not been decided by the CJEU, and it considered that the decision not to allocate jurisdiction in circumstances where there was activity in Country A which led to infringement of the EU trade mark in Country B, would give rise to there being no jurisdiction at all for such infringeTrade Mark Regulation had not been decided by the CJEU, and it considered that the decision not to allocate jurisdiction in circumstances where there was activity in Country A which led to infringement of the EU trade mark in Country B, would give rise to there being no jurisdiction at all for such infringemMark Regulation had not been decided by the CJEU, and it considered that the decision not to allocate jurisdiction in circumstances where there was activity in Country A which led to infringement of the EU trade mark in Country B, would give rise to there being no jurisdiction at all for such infringetrade mark in Country B, would give rise to there being no jurisdiction at all for such infringemmark in Country B, would give rise to there being no jurisdiction at all for such infringement.

A trade mark owner can not stop a rival using an identical or similar sign in a comparative advertisement where the use is not likely to confuse the public, the European Court of Justice (ECJ) has ruled.

Existing EUTM registrations being entered onto the UK trade mark register (with the same registration date and, where applicable, priority and seniority) by way of a simple application by the owner.

Prior to entering private practice, Mark worked in the Department of Commerce Office of Policy and Strategic Planning, where he focused on investigations, administrative reviews and communications on business, trade, and industry policies.

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

This is known as «European exhaustion»; Article 7 (2) which provides an exception to European exhaustion of rights where there are legitimate reasons for the owner to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put onto the market, and Article 8 (2) which entitles a trade mark owner to invoke its trade mark rights against a licensee who contravenes any provision in his licensing contract with regard to its duration, the form covered by the registration in which the trade mark can be used, the scope of the goods or services for which the licence is granted, the territory in which the trade mark may be affixed, or the quality of the goods manufactured or of the services provided by the licensee.

Article 8 (2) expressly enables the trade mark owner to invoke its trade mark rights against a licensee where the licensee breaches certain provisions in the licence agreement.

Even without any economic harm to the trade mark owner, where the only purpose of the use of the lookalike is to exploit the reputation of the market leader in order to benefit and promote the sale of the lookalike that will confer an unfair advantage and amount to trade mark infringement.»

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.

The action was appealed to the French supreme court (the Cour de Cassation), who stayed proceedings and referred three questions to the ECJ concerning whether a trade mark proprietor can invoke trade mark infringement principles to prevent the sale of licensed goods to discount stores where the licence agreement prohibits such sales and the further commercialisation of the goods.

This is where I first met Mark Scoggins and Charlotte Waters (FSW partners) who were acting for one of the train operating companies while I represented the families of the deceased train drivers involved and their trade union ASLEF.

The scope of the statutory privilege would apply in cases where the trademark agent is seeking to advise on «any matter» in respect of «the protection of a trade - mark, geographical indication or mark referred to in paragraph 9 (1)(e), (i), (i. 1), (i. 3), (n) or (n. 1)».

In Davidoff the European Court of Justice held that relevant and sufficient consent may be express or, in exceptional circumstances, implied where from the facts and circumstances prior to, simultaneous with, or subsequent to the goods being placed on the market outside the European Economic Area (EEA), the trade mark owner has unequivocally demonstrated that he has renounced his right to oppose placing the goods on the market in the EEA.

Our well - established team of trade mark experts helps our oil & gas sector clients to protect their trade marks, in the UK, the EU and internationally where required.

But every analysis includes the current situation in China where an uncertain economy and yuan devaluation seems to be causing a marked increase in Bitcoin trading volume.

The move is notable as it marks one of the first instances where a decentralized exchange allows users to trade funds directly from one hardware - that is, physical - wallet to another.

Their restrained way of working, where structure rather than spontaneity was prized (including team reflections and hypothesising outside the consultation room i.e. very different to Minuchin thinking out loud in sessions) became a new trade - mark style for family therapists.