Sector: Food and Beverage

Latest content

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

WINEAPP v WINESAPP: differences between graphic elements sufficient to distinguish between marks

Although the verbal elements of the marks were almost identical, the differences between their visual components meant that consumers could reasonably distinguish between them.

25 April 2022

WTR Brand Elite analysis: March 2022

Featured in Stock market performance

While our indices of brand-focused companies lost ground to other stock market indices, there were a number of industries that performed well.

21 April 2022

General Court highlights proximity between goods in Classes 32 and 33

As a large number of non-alcoholic beverages in Class 32 and alcoholic beverages in Class 33 are generally consumed or marketed together, there was a proximity between those types of goods.

20 April 2022

South African courts ponder SOUL

Can a company monopolise the word ‘soul’ for foodstuffs and restaurant services? This question has been debated at length in South Africa, thanks to the efforts of Golden Fried Chicken (Pty) Ltd, the owner of the registered trademarks SOUL and SOUL KITCHEN.

19 April 2022

USPTO prevails in motion to dismiss HAVANA CLUB suit, but dispute continues

A US federal court has granted a USPTO motion to dismiss a complaint filed by Bacardi that centred on the office’s handling of Cubaexport’s HAVANA CLUB mark.

11 April 2022

New labelling requirements for foodstuffs and non-alcoholic beverages: what you need to know

Under the Act for the Promotion of Sustainable Nutrition, it is mandatory to include certain warnings on the packaging of foodstuffs and non-alcoholic beverages. The implementing regulation of the act has recently been passed.

11 April 2022

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