Unregistered trademarks do not have statutory protection in Canada. The owner of an unregistered mark may enforce its rights, but this necessitates the establishment of a reputation through extensive use of the mark in Canada.
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.
Trademark enforcement in the United States can be expensive and time consuming. As a result, trademark owners often enforce their trademark rights through informal means, such as cease and desist letters and negotiated settlements.
In our latest round-up, we look at more trademark applications related to the #MeToo movement, the Swedish IP Office warning against fake election posters, a US court having its say on trademark bullying, and much more.
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.
In our latest round-up, we look at a fashion brand in a dispute with two NFL teams, the New York Times shining the spotlight on illicit vendors in Barcelona, Nike facing a brand boycott due to its new Colin Kaepernick ad campaign, and much more.
Major amendments to Canada’s Trademarks Act are set to broaden the ability of brand owners to protect fluid marks, but will also introduce new obstacles to slogans.
Industry experts from the United States, the European Union and China outline the key considerations for those looking to expand their portfolios internationally.
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.
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.
The US Trademark Trial and Appeal Board has dismissed a petition for cancellation of the mark MOMBACHO for cigars, rejecting the contention that the respondent's meager sales did not qualify as bona fide use of the mark.
Obtaining well-known status for a trademark can be a powerful tool for rights holders. However, different approaches must be used to secure enhanced protection. This three-part series considers the best route in 10 key jurisdictions, starting with the United States.
Legislation was tabled yesterday in the US House of Representatives calling for the abolition of the Immigration and Customs Enforcement (ICE). It sparked a reminder on the agency's crucial role in the fight against counterfeit goods.
In a case regarding the Krusty Krab restaurant from SpongeBob SquarePants, the US Court of Appeals for the Fifth Circuit has confirmed that a specific element from a television series can receive trademark protection.
In a case involving competing producers of foam ear plugs, the US Court of Appeals for the Ninth Circuit has held that there remained a dispute of material fact as to whether the bright green colour is functional for ear plugs.