tag:blogger.com,1999:blog-5574479.post109270044584618082..comments2024-03-29T09:21:58.696+00:00Comments on The IPKat: POSTER POSERVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5574479.post-1092951670211820582004-08-19T22:41:00.000+01:002004-08-19T22:41:00.000+01:00Hi there Luca, it's good to know you're still read...Hi there Luca, it's good to know you're still reading the IPKat despite pressure of exams.<br />Don't forget that, even if a band's name isn't immediately registrable for specific classes of merchandise, it will still be able to acquire distinctiveness through use. Before that time, the band may be protected by the law of passing off (or, in civil jurisdictions, unfair competition).Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1092816164082640052004-08-18T09:02:00.000+01:002004-08-18T09:02:00.000+01:00As to 1, there's no need to consider Art.6(1) defe...As to 1, there's no need to consider Art.6(1) defences anyway when the appplicant's mark is arbitrary and inherently distinctive for the goods the applicant's trying to register it for.<br />As to 2, if there were any logic in your witticism, people wouldn't bother applying to register trade marks until they had proved them to be commercially successful.Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1092784919966620302004-08-18T00:21:00.000+01:002004-08-18T00:21:00.000+01:001. But we don't take defences into account when de...1. But we don't take defences into account when determining registrability.<br />2. Who'd buy the posters if no one knew about them :-)Ilanahhttps://www.blogger.com/profile/04769375670713505896noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1092735979574583282004-08-17T10:46:00.000+01:002004-08-17T10:46:00.000+01:00But my point remains: Linkin Park would have been ...But my point remains: Linkin Park would have been able to register LINKIN PARK even for posters and books if nobody knew about them. Surely it makes better sense to say yes, they can register the mark, since Article 6(1) of Directive 89/104 will still allow honest descriptive and denominative uses of that mark by third parties.Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1092735079616657792004-08-17T10:31:00.000+01:002004-08-17T10:31:00.000+01:00I don't think so. This was a very specific case th...I don't think so. This was a very specific case that was deliberately limited to posters and poster books. Objections to a lot of the other goods applied for under the same mark were not pursued.Ilanahhttps://www.blogger.com/profile/04769375670713505896noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1092734568534095282004-08-17T10:22:00.000+01:002004-08-17T10:22:00.000+01:00Basically, are we saying this:
(i) If a band choo...Basically, are we saying this: <br />(i) If a band chooses an arbitrary name (for example LINKIN PARK) and seeks to register it for goods and services before it actually uses its name, the name will be registered because consumers won't associate it with a characteristic of the band, whereas (ii) if the band plays under that name and then seeks to register it as a trade mark, the name -- through its use in relation with the band -- is taken to be descriptive of it and no registration will ensue?Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.com