Wednesday, 21 February 2024
Polaroid figurative mark: when are geometric figures distinctive?
The decision represents another contribution to the case law regarding the threshold of distinctive character for figurative trademarks.
GO’s appeal is no-go: Federal Circuit says EVERYBODY VS RACISM fails to function as source identifier
Given the record, it was reasonable to conclude that the mark is commonly used on apparel in an informational and ornamental manner to convey an anti-racist sentiment.
Tuesday, 20 February 2024
New Balance unsuccessful in opposition against NYAN BALANCE
Surprisingly, the JPO did not find that NEW BALANCE had a high degree of reputation as a source indicator of New Balance’s products.
DNPI resolution recognises and regulates non-traditional trademarks
Pursuant to Resolution No 18/23, it will be possible to register position, pattern, motion and multimedia marks from 1 March 2024.
Monday, 19 February 2024
Court of Appeal issues decision in NotMilk dispute
The Valdivia Court of Appeal held that NotCo’s packaging and advertising for its NotMilk product did not constitute unfair competition.
Recurring issues and delays at the Trademark Registry - why stakeholder confidence is being eroded
It is crucial that the registry takes some steps to address the failings of the current online filing platform.
Friday, 16 February 2024
Office actions relating to International Registrations designating Brazil: what you need to know
While the number of office actions issued by INPI is low compared to the total amount of International Registrations prosecuted in Brazil at the start of 2024, such office actions could arguably have been avoided.
Middle-earth defeats LORD OF THE WINGS
Middle-earth Enterprises LLC - the owner of all trademark rights associated with JRR Tolkien’s novel The Lord of the Rings - successfully opposed the registration of LORD OF THE WINGS for Class 43 services.
Thursday, 15 February 2024
General Court upholds validity of registered Community design for LEGO toy brick
A design will be declared invalid, in accordance with Article 8 of Regulation 6/2002, only in the case where all of its characteristics are excluded from protection.
auDRP denial highlights evidentiary burden on complainants
Assertion of trademark rights alone will not suffice if there is insufficient evidence linking the registration to bad faith.
Wednesday, 14 February 2024
Hummel successfully appeals against rejection of chevron position mark
The JPO Appeal Board concluded that the relevant consumers would recognise the position marks, which consisted of a chevron pattern applied to jackets and trousers, as a source indicator.
Trademark Gazette now published twice a month: what you need to know
The bi-monthly publication of the Trademark Gazette will speed up the registration process, thus supporting the objectives of the implementation of the accelerated procedure.
Tuesday, 13 February 2024
Court of Appeal rules that easyGroup suffered damage in Easy Live Auction dispute
The decision shows that the ‘damage’ element of the passing-off test can be satisfied where the claimant has an existing or prospective licensing business.
Procter & Gamble v Momeasy: key takeaways
The decision notably highlights that copyright infringement cannot be established by the registrar in trademark opposition proceedings.
Monday, 12 February 2024
Dream is over after Court of Appeal finds infringement of Umbro’s ‘double diamond’ logo
The decision highlights that the way in which marks are viewed by consumers in the post-sale context can be determinative of infringement.
No exclusivity in the word ‘Premier’, says Delhi High Court
The organising body of the Barclays Premier League - the top tier of English football - has scored a victory in India, with the court confirming that Premier SPG and WVG Mills did not have a monopoly over the word ‘Premier’.
Friday, 09 February 2024
CJEU: no ‘repair’ clause in EU trademark law
The so-called ‘repair’ clause, such as that existing in design law under Regulation 6/2002, was not provided for by the EU legislature in Regulation 2017/1001.
‘livingedge.com’ dispute: living on the edge of bad faith
While several elements of this case meant that it initially appeared winnable for the complainant, the panel concluded that bad-faith registration on the respondent’s part had not been proven.
Thursday, 08 February 2024
IPEC ‘de-cider’ over Aldi’s lookalike packaging leaves a sour taste for brands
The IPEC dismissed Thatchers’ claims for trademark infringement and passing off, despite finding that Aldi had deliberately adopted a similar packaging.
Joint European Commission-EUIPO report on detentions of products infringing industrial and IP rights
Detentions of goods suspected of infringing industrial and IP rights at the EU border decreased by 15% compared to 2021. However, the value of the products increased by 11%.
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