Sector: Food and Beverage

Latest content

Legal Updates you may have missed: when big brands take a blow

We continue our series highlighting recent Legal Updates you may have missed by looking at cases where big brands were defeated before the courts or the IP office.

19 April 2023

Ukraine adopts law on GIs for spirit drinks - main points highlighted

Among other things, the new law introduces a definition of ‘spirit drinks’ and sets out the requirements for the registration of a GI.

17 April 2023

WTR Industry Awards 2023: shortlisted teams and individuals unveiled

WTR is pleased to reveal the shortlist for the 2023 WTR Industry Awards, with nominees including the corporate trademark teams from Apple, Haleon, Manolo Blahnik, and Treasury Wines Estates.

08 April 2023

Federal Administrative Court: RED DRAGON is confusingly similar to RED BULL

The court concluded that, considering the low level of attention of the relevant consumers, "a wild, red beast" would stick in their memory.

05 April 2023

Nestlé defeated as General Court confirms refusal of A2 mark

The General Court confirmed that there was a likelihood of confusion between Nestlé’s figurative mark A2 and The a2 Milk Company’s earlier figurative mark A2.

04 April 2023

Blow for Monster Energy as it fails to prevent registration of MONSTA mark for biscuits

The hearing officer found that biscuits are not similar to nutritional supplements in liquid form or to non-alcoholic beverages.

03 April 2023

Fourth Circuit confirms that ‘gruyere’ is generic for cheese

The Fourth Circuit concluded that US consumers understand ‘gruyere’ as referring to a type of cheese, which renders the term generic.

31 March 2023

Fourth Circuit provides welcome clarity on certification marks in Gruyere ruling

While the applicants for GRUYERE believed that the term should be used only to label cheese produced in the Gruyère region, the court held that it is a generic term for consumers and encouraged the USPTO and courts to look to FDA regulations as evidence in future disputes.

30 March 2023

Trademark case demonstrates difference in evidence admissibility between Australia and New Zealand

This decision of the assistant commissioner shows just how difficult it is to lodge evidence ‘out of time’.

27 March 2023

General Court considers whether addition of figurative elements altered distinctive character of word mark as registered

It is necessary to examine the distinctive and dominant character of the elements that have been added, based on their intrinsic qualities and their relative position in the configuration of the mark.

23 March 2023

Unlock unlimited access to all WTR content