Tychon defeats Dell -Decision OHIM 2004
Stephan GM Tychon, Chief Officer of Change WSC.
... registered one week before Nasdaq's peak!
DELL circled his canted E after Nasdaq lost almost 80%, filed an application with OHIM and is still not registered!
After losing the European E-battle that started right after the internet bubble-burst, Dell now relies on confusing national perception and interpretation of the Dutch national legal system based on wide-spread parliamentary deficit and no longer independent courts... but having no standing whatsoever to sue based on bad faith which underlies it's own corporate trademark terror - Tychon's lawyers refuse to bring up before the bench - it remains to be seen if non-partisan justice prevails in the end and proper wisdom will be brought in line with the prospect of growing overseeing european insights of the Office for Harmonization in the Internal Market - OHIM - and the personal conviction of it's president, Wubbo de Boer, that the globe's root cause for sustained evil is 'easy money'... as he recently stated during a non-disclosed interview in his office.
European E-battle of ideas & intimidation. How Dell uses and abuses the stolen 'E' :
Mr. Bigmouth bites the dust: Learn how sEworld's web-based sE-system of global implicit patenting and instant branding of related firmware and software programs as a cost-reducing technical invention, is not just a mere 'mental process'. It is an exclusive and most inventive and innovating open source web-method facilitating the creation of your own online company in seconds: the globe's first patent-inclusive technology of a Trade Mark combining the three web-icons : circle, dot & E.
Please compare with another more recent landmark dispute on World Intellectual Property Rights: The Macrossan patent-case on a online system of document assembly, where 'computer programs' and 'mental process' might be redefined!
DOT or NOT
A recent Decision of the European Office for Harmonization in the Internal Market, OHIM (Trade Marks and Designs) concerning the Opposition by Tychon against an application for a Community Trade Mark (CTM) by Dell Inc. favoured the earlier, highly distinctive and registered International sE Trade Mark of Tychon.
identical and sufficiently similar'
ARGUMENTS of the parties:
'The opponent argued that the applicant copied his earlier trade mark, that the circle in the earlier mark is the most distinctive element and that the use of the contested sign would take unfair advantage of the opponent's mark. The majority of opponent's arguments consist in critisising the business and advertising methods of the applicant'.
'In reply, the applicant argued that there is some, but insufficient, similarity between the marks, that the goods in class 9 of the application are only remotely similar to some of the services in class 42 covered by the earlier trade mark. It argued furthermore that the opponent did not prove reputation of the earlier mark and that on the other hand, the contested sign enjoys reputation. Consequently, the opposition based on Article 8(1)b and 8(5) CTMR should fail'.
CONCLUSION of the Opposition Division of OHIM, Alicante:
'It must be concluded that due to the predominantly similar overall impression of the marks compared which is not altered by a number of rather minor individual differences there exists a likelihood of confusion between the marks on the part of the public in the relevant territories in respect of the contested goods and services that have been found '
On those Grounds, the Office hereby:
1. Upholds opposition number B 471 252 for the part of the contested goods and services, namely: (see doc.)
2. Rejects application number 1 564 061 for all the above goods and services. It may proceed for the remaining goods and services of the application.
3. Orders each party to bear their own costs.
The Opposition Devision:
Dimitris Botis, Vit Mahelka & Solvar Winnie Finnanger.
A pending 'inter partes' Appeal is expected to conclude for final Decision this spring of 2005!
Conclusion after final observations on the appeal of Dell Inc. of Oct 21, 2004:
Seen as the products of opponent and applicant are highly similar, the signs have a very similar overall impression and both the applicant and opponent offer their goods/services on the internet, and therefore on the same market (the computer market) there is more than a likelihood of confusion between the marks at issue.
The First Board of Appeal is therefore asked to
confirm Decision No. 1998/2004 of 21 june 2004,
reject the registration of the contested sign which is filed under application No. 1 564 061 for the classes 9, 35, 39, 40 & 42, and
rule that the applicant and appellant has to compensate opponent and respondent for all costs incurred in the opposition and appeal proceedings.
Stephan GM Tychon, chief officer of change.
Representing Tychon in the Appeal proceedings concernig infringement of intellectual and industrial property by Dell Inc.: prof.mr. T.M. Kolle and mr. A.S. Dogan, Attorneys-at-law with Heitmann - von Meding Advocaten & Rechtsanwälte in Amsterdam, Düsseldorf and München.
Download the decision by the European Office for Harmonization in the Internal Markets concerning the Opposition of Tychon versus Dell as of oct, 21 2004
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