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TM infringement and false advertising claims related to putative open source software "fork" succeed

43(B)log

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” False designation of origin: Yep.

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Full Of Sound And Query, Signifying Something: Recent Noise Over Acoustic Trademarks

LexBlog IP

Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23).