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10 October 2018

USMCA “breaks new ground” in geographical indications policy, contends GI consortium

The Consortium for Common Food Names has praised the new USMCA trade deal, claiming it “marks a sea change” in GI policy. In a strongly-worded statement, it also hits out at the EU for “monopolising common names and terms”.

08 October 2018

Jewellery common law mark loses its sparkle

The decision of the US Court of Appeals for the Sixth Circuit in Sterling Jewelers Inc v Artistry Ltd is yet another example of why forum selection is a crucial consideration in trademark cases.

03 October 2018

“Very good for brand owners” – IP experts react to USMCA; INTA lauds deal as “major enhancement” over NAFTA

Following the announcement of a new major trade agreement between Canada, Mexico and the United States, we reached out to IP experts to explore their views on the IP aspects of the new deal. 

28 September 2018

The Empire strikes out: Disney, Marvel and LucasFilm lose summary judgment on trademark infringement claims

In Disney Enterprises Inc v Sarelli, a US district court has held that a company that copies trademarked characters, but does not confuse its customers regarding the source of its copies, is not liable for trademark infringement.

27 September 2018

Design patent lessons from <em>Apple v Samsung</em>

The long-running face-off between Apple and Samsung over the design elements of their phone products offers a number of key takeaways for rights holders.

25 September 2018

USPTO director talks trademark clutter, Uber declares itself a verb, and beware sketchy Chinese licences: news round-up

In our latest round-up, we look at Ecuador joining TMClass, ICANN postponing its data privacy webinar, IP Australia undergoing a “technology upgrade”, and much more.

20 September 2018

Tread lightly: tyre company’s use of competitor’s mould is reverse passing off

In a case involving sellers of industrial tyres, the US Court of Appeals for the Ninth Circuit has confirmed that the defendant’s use of a competitor’s tyre mould to make its own tyres created a likelihood of confusion.

17 September 2018

<strong>Trademark litigation remains flat in 2018 as Central District of California continues to be ‘go-to’ venue </strong>

Lex Machina has reported that 2,745 trademark litigation cases have been filed in the US so far this year. Therefore, the projected total for year-end  indicates that filings will remain flat after a near-decade of decline.

12 September 2018

A year in review: key trademark decisions from the federal courts in 2017

Decisions handed down in 2017 scored victories for the First Amendment over trademark rights in two monumental decisions, one by the Supreme Court and the other out of the Ninth Circuit, which may end up in the Supreme Court as early as 2019.

06 September 2018

<strong>Ninth Circuit reaffirms laches as an equitable defence in trademark cancellation actions </strong>

In Cosmetic Warriors v Pinkette Clothing, the US Court of Appeals for the Ninth Circuit has addressed the availability of laches in trademark infringement and cancellation actions under the Lanham Act. 

04 September 2018

When your business address is a trademark: description of historical location is fair use  

In a decision which clarified the application of the Lanham Act’s fair use defence, the US Court of Appeals for the Sixth Circuit has held that a name or term can be used in a descriptive or geographic sense if done in good faith

17 August 2018

$500 million counterfeit bust, David Beckham leaked logo typo, and another creative cease and desist: news round-up

In our latest round-up, we look at rising trademark applications in Cambodia, how thousands are boycotting brands on Twitter, and much more.

14 August 2018

IP Australia wins digital award, Stephen Colbert talks trademarks, and USPTO seeks new judge: news round-up

In our latest round-up, we look at a Minneapolis official who sought registered trademark protection of a blog that criticised her, a Delhi court getting tough on perjury in a trademark case, and much more.

03 August 2018

Defunct NFL franchise trademarks, counterfeiters target Kickstarter and Pinduoduo investigated: news round-up

In our latest round-up, we look at how tomato DNA is being used to combat dangerous counterfeits, the Vega+ games console losing branding rights, and much more.

31 July 2018

“Stop the uncritical worship of the God of Automation”: practitioners push back on end-to-end electronic filings

Practitioners have raised concerns about the USPTO's proposed move to implement end-to-end electronic filings, with current systems criticised and warnings that it could create an opportunity for trademark scammers.