Topic: Enforcement and Litigation

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CRUSTUM opposition highlights interplay of trademarks and copyrights

The Appeal Division of the State Patent Bureau of Lithuania has rejected an opposition filed by UAB Gustum against the registration of the mark CRUSTUM based on alleged copyright in the sign CRUSTUM.

08 November 2021

Different stylisations insufficient to eliminate likelihood of confusion between signs containing similar dominant word elements

The General Court confirmed that there was a likelihood of confusion between the figurative marks DORMILLO and DORMILON for beds and mattresses.

05 November 2021

Civil IP courts grant full protection to genuine rights holder against bad-faith registrant

The Turkish IP courts prioritised the legitimate rights of a foreign e-commerce platform over a local bad-faith registrant.

04 November 2021

Supreme Court clearly rejects ‘consumer error’ theory

In a case involving the sale of fake adidas garments, the Spanish Supreme Court has clearly and vehemently dismantled the ‘consumer error’ theory - a long-standing bone of contention in IP litigation in the country.

04 November 2021

General Court confirms that $ CASH APP lacks distinctiveness

The General Court agreed with the EUIPO that a figurative mark pertaining to a mobile payment service lacked distinctive character - despite the fact that a near-identical mark had been granted protection by the UKIPO.

03 November 2021

UKIPO not lovin’ trademark application for MCVEGAN

The reputation and distinctiveness of McDonald’s earlier family of marks - particularly given the presence of several “‘Mc’ plus descriptor” marks in the family - would result in a significant number of average consumers being confused.

02 November 2021

Amendments to customs legislation set to encumber anti-counterfeiting efforts

Following recent amendments to Latvia’s customs legislation, concerns have been raised that IP rights holders might be less inclined to take action against counterfeit goods in the country.

02 November 2021

Party may not veil EU individual’s information under GDPR at the TTAB

In a rare precedential opinion, the US Trademark Trial and Appeal Board (TTAB) has ruled that the EU General Data Protection Regulation does not apply in TTAB proceedings.

01 November 2021

Appeal court considers award of damages following assignment of trademark

This dispute over the use of certain designs on underwear raised some interesting issues such as the proof of infringement and the award of damages where the trademark at issue has been assigned.

01 November 2021

Michael Gleissner resumes filing spree; Chevron interview; President Biden announces USPTO director pick; and much more

Everything we covered on WTR over the past seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week.

31 October 2021

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