Work Area: Enforcement & litigation

Latest content

Losing the THINK DIFFERENT marks - if only Apple had ‘thought differently’

The decision shows that it is crucial for trademark owners to review and retain evidence of trademark use on an ongoing basis.

20 June 2022

Famous fairy tale character finds itself at centre of unfair competition case

In this dispute between rival beverage manufacturers, the anti-monopoly authority found that Krinitsa OJSC’s registration and use of the trademark БУРАТИНО (a character created by Alexey Tolstoy) amounted to unfair competition.

17 June 2022

Counterfeit dealer gets smoked in trademark preliminary injunction proceedings

The US Court of Appeals for the Ninth Circuit found that AK Futures’ psychoactive products were legal and could support a valid trademark.

17 June 2022

How to protect brands in the metaverse

NFTs and other emerging tech are mobilising a tidal wave of capital, with law makers and courts desperately trying to catch up, Evan Rothstein and Hafeez Khan of Arnold & Porter take a deep dive into current IP laws and cases, to shine a light into this emerging space.

16 June 2022

SAPI sets criteria for recognition of well-known marks based on Paris Convention and TRIPS Agreement

These precedents are significant as the Industrial Property Law, which was reinstated in 2008 following Venezuela’s withdrawal from the Andean Community, does not include provisions on notoriety.

16 June 2022

Donut King’s opposition to e-cigarette mark fails at the UKIPO

Donut King’s opposition on the grounds of a likelihood of confusion proved futile despite a finding of similarity between the marks. A valuable reminder that to succeed in an opposition based on a likelihood of confusion, similarity between marks is not sufficient when the goods are wholly dissimilar.

16 June 2022

Purchase of search engine ads for word marks is sufficient to constitute infringement

A US court has found a defendant to be “purposely and intentionally deceptive and misleading” after buying advertisement space under a trademarked term, even though the goods advertised were not infringing. Such rulings are inconsistent across the United States; however, there is enough precedent for brands to take note.

16 June 2022

CJEU considers whether warning letter is sufficient to terminate acquiescence

In a reference for a preliminary ruling brought by the German Federal Court of Justice, the Court of Justice of the European Union has interpreted the EU rules concerning the loss of rights due to acquiescence by a trademark owner.

15 June 2022

The prohibition on immoral trademarks - which trademarks are Norwegians COMFY with?

The COMFYPUSSY case illustrates the evolving nature of the prohibitions based on the principle of morality.

15 June 2022

SIMPLY COFFEE: applicant’s arguments too weak to prevent successful opposition on several grounds

The decision shows that it would be beneficial for liquidators to seek specialist advice before applying to register trademarks for the interests of creditors.

14 June 2022

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