The 11th Circuit has allowed a trademark licensee to bring a claim for unfair competition, despite a lack of authorisation in the licensing agreement. The court held that a previous agreement not to sue did not restrict the future licensees’ ability to take legal action against one another.
The decision is noteworthy in that it examined the conditions for dilution of a well-known mark under Article 6/5 of the IP Code.
The nominations period is open for the prestigious WTR Industry Awards 2024 and the forthcoming edition of WTR 300: The World’s Leading Corporate Trademark Professionals.
Data from UK law enforcement authorities suggests that brand owners cannot afford to divert too much attention from offline networks, argues Saturday's opinion column.
05 August 2023
In an exclusive interview, Mars Wrigley's Philippe Claude reveals how the team is approaching new threats, including NFTs and cannabis-related products.
03 August 2023
The owners of a Community design for a garden chair headrest got more than they bargained for when they sued Danish company Oase Outdoors for infringement, with the latter filing a counterclaim for a declaration of invalidity of the design.
03 August 2023
The decision is significant in that the board looked at industry traits and common business practices to establish the existence of a link between the marks, even for dissimilar goods.
02 August 2023
In a blow to logistics company Dachser, the court held that use of its trademarks on true-to-life replicas of a Dachser truck and warehouse did not constitute trademark infringement.
01 August 2023
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
The conclusions reached by the lower court directly contradicted those set forth in the expert’s report.
26 July 2023
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
The WTR Brand Elite rose seven points through June, hitting its highest value since 1 February 2022.
18 July 2023
It is important, notably, to assess whether the product displays other signs that are more likely to be perceived as indicators of origin.
13 July 2023
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