tag:blogger.com,1999:blog-5574479.post4818608680014837268..comments2024-03-29T12:23:31.959+00:00Comments on The IPKat: LIMONCHELO - the AG opines; Mastercigars appeal allowedVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5574479.post-68811370357962357542007-03-14T05:58:00.000+00:002007-03-14T05:58:00.000+00:00Thanks to anonymous for pointing this out. Looks l...Thanks to anonymous for pointing this out. Looks like the German Referendar (trainee lawyer) forgot that s/he was not supposed to talk about the Prägetheorie :-)Anonymoushttps://www.blogger.com/profile/02789591295998616170noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-90366537033063029082007-03-12T10:38:00.000+00:002007-03-12T10:38:00.000+00:00Dear Mr Harrison,please note that the Advocate gen...Dear Mr Harrison,<BR/>please note that the Advocate general's opinion was originally written in german (by a german referendaire) and then translated into the other languages. Therefore, the use of the term "prägend" rather than "dominierend" is not a translation mistake, but just a mistake!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-55257763762264469812007-03-09T20:26:00.000+00:002007-03-09T20:26:00.000+00:00To a simpleton like myself I found Judge Fysh's or...To a simpleton like myself I found Judge Fysh's original decision most memorable for his generous offer to recuse himself on the grounds that he enjoyed the odd Habano. This led me to thinking that if every Judge were so scrupulous, who would there be left to take cases involving wines and spirits ?<BR/><BR/>Which leads me neatly to Limoncello. Yesterday I sampled a most agreeable lemon liqueor bearing the descriptive name Limoncello. No doubt Limonchelo is the Spanish rendition. Given that fact, which plainly should have been found by the relevant courts, then the other elements of the composite mark come into play.<BR/><BR/>In that respect, I would submit that the word 'Shaker' is the most powerful element in terms of conveying a trade mark message. The bowl of lemons may also be judged capable of conveying a TM message, but in my view is more likely to be seen as 'decorative' by the av consumer.<BR/><BR/>Cheers. Bottoms up everyone !Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7135811413688138052007-03-09T11:29:00.000+00:002007-03-09T11:29:00.000+00:00The Limoncello decision - which I read in German -...The Limoncello decision - which I read in German - doesn't contain a single word about the possibility that Limoncello might be descriptive! Didn't the parties raise the issue? Probably not, as it could easily destroy the value in their marks.<BR/><BR/>The Advocate General waffles on about dominating elements in the marks (lots of German Prägetheorie here) and the Court's previous decisions. Finally she concludes that the CFI did not adequately evaluating all of the possible dominating elements. Maybe a hint that if you looked at the Limoncello element then it might be considered to dominate the overall impression of the mark.<BR/><BR/>She certainly doesn't exclude that there might be several dominating elements - and seemingly puts paid to the IPKat's criticism of the "two trademarks for the price of one"<BR/><BR/>Interestingly the German translation even uses the dreaded word "prägend" rather than "dominierend" - a translator's error probablyAnonymoushttps://www.blogger.com/profile/02789591295998616170noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-34293930500771144692007-03-09T10:56:00.000+00:002007-03-09T10:56:00.000+00:00And here I was thinking you were trying to 'sex up...And here I was thinking you were trying to 'sex up' the IPKat!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-59427535985426310492007-03-09T10:28:00.000+00:002007-03-09T10:28:00.000+00:00Apologies for the Fidel Castro artwork that appear...Apologies for the Fidel Castro artwork that appeared on the original version of this posting. Working in haste and from thumbnail images, I didn't notice the naughty bits.Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.com