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New CJEU referral on interplay between bad faith and trade mark functionality

The IPKat

Among other products, CeramTec markets a pink-coloured hip-replacement implant. It also argued that the pink colour was not part of a marketing strategy, but rather the result of the chromium oxide, present in the implants and covered by the now-expired patent. The case concerns issues of bad faith and functionality in trade mark law.

Art 67
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Rapala Billboard Ad Collection for 2020

DuetsBlog

Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). Yes, it’s actually a registered trademark. And, by the way, what is your all-time favorite from the annual Rapala line up that we’ve been covering for a dozen seasons now (minus 2019, given my move)? Good Bye Google, Hello Whudjagiddumon?

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2H 2022 Quick Links, Part 2 (Trademarks)

Technology & Marketing Law Blog

2009) (internal quotes and citations omitted). Although a sale procured in this manner does not ultimately result from the consumer’s confusion as to the source of the products, it is procured nonetheless through the defendant’s unfair use of the plaintiff’s trademark and associated goodwill.” Soilworks, LLC v.

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The Law Of Trademark In India: Infringement And Remedies

IP and Legal Filings

Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act. If someone has a licence from the registered trademark owner, it is not considered an infringement because the licence is granted under an assignment agreement. Unauthorised Use Of Trademark. Registered Trademark.

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The Law Of Trademark In India Act 1999: Infringement And Remedies

IP and Legal Filings

Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act. If someone has a licence from the registered trademark owner, it is not considered an infringement because the licence is granted under an assignment agreement. Unauthorised Use Of Trademark. Registered Trademark.

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Trademark Infringement in the Digital Age

IP and Legal Filings

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. The registration and management of trademarks was another essential component.

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Cut! There’s a trademark there

Garrigues Blog

The purpose of a trademark is to identify goods and services in trade in such a way that the general public recognizes and links a particular good or service with a specific business origin. 369/2009 of 21 May 2009 ruled in support of this theses, even if it did not implement the Spanish trademark regulation.