tag:blogger.com,1999:blog-5574479.post8119414189997678136..comments2024-03-29T06:53:23.405+00:00Comments on The IPKat: The burden of proof in "double identity" trade mark disputes: rising to the Supreme challengeVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-65508981916202607982015-03-03T16:55:57.033+00:002015-03-03T16:55:57.033+00:00Arnold J is a machine, isn't he? 4 hearing day...Arnold J is a machine, isn't he? 4 hearing days ending 2 February; delivers 208 paragraph judgment precisely, critically, convincingly analysing 15 years of ECJ case law 10 days later??Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1201627106151393832015-02-26T15:21:16.460+00:002015-02-26T15:21:16.460+00:00Well it sounds like he has laid a marker for the H...Well it sounds like he has laid a marker for the HC to refer the matter up in Interflora for another reference. I think he is being generous in saying it isnt acte claire.<br /><br />For my part, he is correct. The protection under 5(1)(a) is absolute except where a statutory defence exists or the defendant is able to show that the use complained of does not affect any of the functions. Indeed, the manner in which the defences apply is a reflection of this absolute protection.<br /><br />His reference to keywords as potentially being akin to comparative advertising is also well reasoned and the line of cases on comparative advertising lends an appropriate model to the resolution of keyword cases.<br /><br />Aaronnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-28780433213300360982015-02-25T09:28:44.705+00:002015-02-25T09:28:44.705+00:00I note you refer to "practice of some trade m...I note you refer to "practice of some trade mark owners to file broadly, covering many if not all goods and services within classes of potential interest. In this way they can secure protection for their marks, most directly by oppositions, for wide ranges of goods and services for which they will never be used, despite the potential for other uses of the same mark which will cause no confusion in the marketplace. "<br /><br />Are we just accepting that or does the proper implementation of the intention of the Harmonisation Directive recital 9 need to be addressedFilemothttps://www.blogger.com/profile/15735898485265104580noreply@blogger.com