Sector: Food and Beverage

Latest content

McDonald’s Russia licensee sale; MetaBirkins NFT ruling; Meta payment platform filings – news digest

In our latest round-up, we look at the Delhi High Court adding a third judge to its IP Division, Marvel signing a 20-year deal for rights to the Stan Lee name, INTA volunteers offering pro bono EU trademark advice, and much more.

20 May 2022

Wild and untamed trademarks: Madrid Protocol grants right of priority as of constructive use date

The Ninth Circuit considered for the first time the issue of enforceability of a priority of right in a trademark granted under the Madrid Protocol where the registrant’s actual use in commerce began after the allegedly infringing use.

18 May 2022

McDonald’s cites brand values as motive for Russia exit, but seeks to retain rights

McDonald’s has revealed that it is to sell its Russian business, having previously paused operations in the country following the Russian invasion of Ukraine.

17 May 2022

Uzbekistan’s first GI law: what you need to know

It is expected that more geographically related signs and names will be registered, as the GI registration procedure is less rigid and time-consuming than for appellations of origin.

09 May 2022

Lodestar v Bacardi has implications for protection of US marks under Madrid Protocol

A new ruling provides invaluable guidance on who holds enforceable priority when a mark is registered prior to use in commerce yet use did not begin until after the allegedly infringing use began.

05 May 2022

WTR Industry Awards winners revealed as brand leaders convene in Washington DC

In-house excellence has been celebrated at Washington DC’s Planet Word Museum, with the winners of this year’s WTR Industry Awards announced at an exclusive champagne reception.

03 May 2022

NUTRIFEM AGNUBALANCE collides with NUTRIBEN - but not for all goods

The case highlights that, where the purchase of certain goods is driven by an effort to improve health, it can be assumed that the consumer’s level of attention will be higher than average.

29 April 2022

Marks that are a “place of origin” interpreted broadly by the Federal Court

Following the decision, there is a significant risk that applications for marks containing any reference with geographic significance will now face objection.

28 April 2022

China Tang trademark dispute leaves sour taste for Barrow-based takeaway

If the marks are sufficiently similar to create an objective likelihood of confusion, this will outweigh the absence of any evidence of actual confusion.

27 April 2022

BEABA v Biba: why brand owners should consider bad-faith ground as part of opposition strategies

Although bad faith is a serious claim which must be sufficiently supported by evidence, successfully establishing bad faith will obviate the need to prove a likelihood of confusion.

27 April 2022

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