Region: North America

Federal Circuit ruling emphasises influence of DuPont factors when evaluating similar marks

In reversing and remanding a TTAB decision, an appeal court has reaffirmed that carefully and accurately applying DuPont factors is critical in disputes involving similar registered and unregistered trademarks.

03 August 2023

The X files: register data reveals extent of Musk’s competition for new Twitter brand

Analysis of global register data reveals thousands of pre-existing X marks, including some owned by major tech rivals.

01 August 2023

“Count on me!”: the philosophy powering the Wyndham Hotels & Resorts trademark team to award-winning success

How the “small but mighty” Wyndham team manages an evolving roster of international brands.

31 July 2023

Power play: Federal Court’s decision in Energizer v Gillette narrows test for depreciation of goodwill in comparative advertising cases

The case is noteworthy in that it is one of only a few that have dissected Section 22 of the Trademarks Act.

28 July 2023

“Validation” – ‘.sucks’ now available via GoDaddy as brand owners warned of increased risk

WTR has learned that Vox Populi’s controversial ‘.sucks’ top-level domain can now be purchased on the GoDaddy registrar.

27 July 2023

Ninth Circuit defines personal jurisdiction in interactive website dispute

In Herbal Brands, the Court of Appeals held that if a defendant sells a physical product via an interactive website and causes that product to be delivered to the forum, the exercise of personal jurisdiction may be appropriate.

27 July 2023

From Twitter to X: Elon Musk faces major trademark challenges following sudden rebrand

Twitter has officially rebranded as X, with Elon Musk making the unprecedented decision to abandon a multi-billion-dollar brand –  so where does the company go from here?

25 July 2023

Google updates trademark complaints policy; OEPM publishes annual report; first post-Brexit GI awarded – news digest

In our latest round-up, we look at the USPTO accepting signature software for trademark submissions, WIPO delving into the history of Barbie, and much more.

25 July 2023

Making lemonade out of lemons: what have we learnt from TACO TUESDAY?

Taco John’s’ decision to abandon its TACO TUESDAY registration is a business-savvy response to a death by genericide.

20 July 2023

Fourth Circuit vacates district court’s injunctive relief ruling due to FRCP misapplication

The Federal Court of Appeals has reinforced the importance of properly applying criteria from the Federal Rules of Civil Procedure when reviewing a party’s request for injunctive relief.

20 July 2023

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