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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

31 August 2018

<strong>Fake Warren Buffett fools thousands, Monsta mashes Monster, and Starbucks and Sardarbuksh dispute brews: news round-up</strong>

In our latest round-up, we look at a Canadian coalition urging that cigar companies be exempt from proposed plain packaging regulations, the Chinese government promising stricter IP protections, and much more.

26 August 2018

Harmonisation in practice: a dialogue about foreign trademarks

Industry experts from the United States, the European Union and China outline the key considerations for those looking to expand their portfolios internationally.

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.

26 July 2018

TTAB finds sales to single customer, although not substantial, sufficient to avoid abandonment of MOMBACHO for cigars

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.

18 July 2018

Well-known marks: multijurisdictional approaches to fame

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.

13 July 2018

ICE’s anti-counterfeiting efforts highlighted as US politicians call for its abolition

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.

13 July 2018

Fifth Circuit: keep your claws off THE KRUSTY KRAB

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.

12 July 2018

Can ear plugs tune out colour? Bright green colour for ear plugs not functional

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.

10 July 2018

Federal Circuit: TTAB applied wrong test in finding Coca-Cola’s ZERO mark not generic for soft drinks

The US Court of Appeals for the Federal Circuit has vacated a decision of the TTAB, holding that the latter had "asked the wrong question" in determining the genericness of Coca-Cola’s ZERO mark.

05 July 2018

Eighth Circuit: phonetically identical description of competing dog bags does not necessarily cause confusion

In a case involving competitors in the dog bag market, the US Court of Appeals for the Eighth Circuit has affirmed a summary judgment finding that no evidence had been presented from which a jury could infer that consumers were likely to be confused.

03 July 2018

Registered trademark protection helps US companies to innovate and grow, new study reveals

Research from the USPTO has revealed that registered trademark protection helps companies to grow, employ more people and innovate. Along with a slew of similar research findings, the study reinforces efforts to communicate the benefits of trademark rights.

28 June 2018

Trump administration tariffs “could help legitimise fake goods”: trade associations join up to sound alarm bells

Six major US trade associations have joined forces to send a letter warning that the Trump administration’s recent tariffs place “significant barriers on the fight against harmful fakes” and calls for an urgent rethink.