If the court grants certiorari, it will once again be weighing in on a case that reconsiders how free speech interplays with commercial trademark rights.
This decision of the General Court highlights that, if an applicant wishes to overcome a distinctiveness issue by amending the list of goods/services, this should be done at the first instance. Read more
New Balance has won a major legal battle against one of China’s most prolific copycats, New Barlun, with a Shanghai court awarding New Balance damages of Rmb25 million - the largest amount that the company has ever received in China. Read more
In cancellation proceedings involving a trademark consisting of the Sunny Girl dolls packaging, Peru's Administrative Court of Appeals has established a new mandatory precedent concerning the proof of use of a trademark consisting of packaging. Read more
In an arguably surprising decision, the General Court has agreed with the EUIPO that there was no likelihood of confusion between the figurative mark PANTHÉ and earlier word and figurative marks PANTHER in Class 25. Read more
This decision of the assistant commissioner demonstrates both the strengths and pitfalls of New Zealand’s unique ‘reverse onus’ opposition ground. Read more
The Board of Appeal has upheld a decision of the Icelandic Intellectual Property Office finding that there was no risk of confusion between two word-and-design marks containing the word element ‘fashion tv’. Read more
In a longstanding dispute between by RXD Media LLC and Apple Inc over rights to use theIPAD mark, the US Court of Appeals for the Fourth Circuit has considered how the success of a mark’s intervening junior user - here, Apple - can affect a senior user. Read more
Last year, against the background of the covid-19 pandemic, the first online training seminars for law enforcement officers specialised in IP matters took place in Peru. This type of training presents several advantages and has continued to prove popular this year. Read more
The Supreme Court has put an end to the long-running dispute between Kraft Foods Schweiz Holding GmbH (part of Mondelez International Group) and Croatian confectionery producer Kraš over the latter’s use of the colour lilac for its packaging. Read more
In a decision that clarifies the requirements for registering trademarks consisting of slogans, the General Court has annulled a EUIPO decision finding that the mark IT’S LIKE MILK BUT MADE FOR HUMANS was devoid of any distinctive character. Read more
In opposition proceedings between two wine companies, the General court has confirmed that there was a likelihood of confusion between the marks SANGRE DE TORO and CABEÇA DE TOIRO. Read more
This decision illustrates that UDRP complainants must convincingly establish the existence of their trademarks or their reputation at the time the domain name was registered in order to prove bad faith. Read more
The Madrid Court of Appealhas upheld a trial court decision in which the defendants were sentenced to nine months’ imprisonment and ordered to pay a fine for illegally reproducing marks of musical groups, including those of Iron Maiden. Read more
The EU General Court has confirmed that there was a likelihood of confusion between the figurative mark BLEND 42 VODKA and Bacardi & Co Ltd’s earlier 42 BELOW marks in Classes 33 and 35. Read more
The UK’s Intellectual Property Enterprise Court has handed a decisive victory to Italian fashion company Freddy SpA in a case that considers the role that passing off, patents and unregistered designs can play in combatting copycats in the fashion industry. Read more
In this dispute between rival operators of combination gas stations/convenience stores, the US Court of Appeals for the Federal Circuit has addressed the assessment and application of the DuPont ‘likelihood of confusion’ factors. Read more
In this arguably debatable decision, the EU General Court concluded - contrary to the EUIPO - that there was no likelihood of confusion between BIM READY and BIM FREELANCE for “training services” in Class 41. Read more
The Peruvian Trademark Office’s Direction of Distinctive Signs has upheld an appeal by Vans Inc claiming that its internationally famous ‘Checkerboard Slip-On’ design has a high level of distinctiveness and is associated with a specific business origin. Read more
easyGroup’s attempt to strengthen its rights in the EASY family of marks has been thwarted by the UKIPO, which refused to register the mark EASY for various services in Classes 35, 39 and 43. Read more
Following a victory at the Swedish Patent and Market Court, electronic signature provider e-Boks was dealt a blow when the appeal court found that there was no likelihood of confusion between E-BOKS and EBOX. Read more
Additional certainty on whether the colour choices for a mark can make it infringing has been issued following a case involving Tommy Hilfiger’s famous flag. Read more
In a case involving a Dr Seuss and Star Trek mash-up, the US Court of Appeals for the Ninth Circuit considered claims of both copyright and trademark infringement. Read more
Weider Global Nutrition, the owner of the mark IN and ‘in’-formative marks in Class 32, has prevailed in opposition proceedings against the registration of IN BAR for nutritional supplements in Class 5. Read more
US fast-food restaurant chain In-N-Out Burgers objected to the use of DOWN-N-OUT by Hashtag Burgers in Australia. The decision shows that it is not necessary to have a place of business in the country in order to maintain a passing-off action. Read more
In this somewhat controversial decision, the Turkish Court of Appeals seems to have changed its approach to the role of weak trademarks in the assessment of confusing similarity. Read more
The National Service of Intellectual Rights of Ecuador has recently issued several resolutions which have radically changed the criteria for using invoices as proof of use. Read more
These invalidation proceedings involving the mark 阿尔山 - the Chinese transliteration of ‘Aershan’, a city in Inner Mongolia - have been selected as one of the top 10 “Exemplary Cases of Trademark Grant and Affirmation of the Year 2019”. Read more
@WTR_Alerts RT @WinklerPartners: “This is startling and of great concern”: @INTA report lays out blueprint to remedy gender inequalities in IP professi… Read more