In a deep dive into the intricate area of preliminary injunctions, the Fifth Circuit has shed valuable light on the details of proper jurisdiction to issue such a motion. The finding is the latest twist in a trademark dispute involving the manufacturer of the well-known KitchenAid.
Administrative Instruction No 08/2023 guarantees the rights of trademark applicants while reinforcing those of earlier trademark owners.
Trademark squatting has many forms. If a trademark is registered by your distributor or partner, there is still a chance that the trademark can be retrieved.
While the Trademark Law allows for parties to petition against a mark’s registration, it remains challenging for foreign companies to prove that a registered trademark should be invalidated, as collecting evidence of prior use and influence in China, as well as to show another party's bad faith, is becoming increasingly hard.
27 September 2023
The amendments notably introduce an express prohibition to the registration of signs that “evoke, usurp or imitate geographical indications and designations of origin protected under national or EU law”.
22 September 2023
Often, foreign applicants fail to obtain trademark registration in China because they do not have a robust understanding of the Chinese Trademark Law, or the CNIPA’s regulations. How to choose goods and services and the importance of formality issues should be heeded when filing an application.
22 September 2023
Letters of consent are not only a legal issue, but are crucial for consumer protection. As China shifts from high-speed growth to high-quality development, the CNIPA is changing its attitude to letters of consent in prosecution procedures.
22 September 2023
Internationalisation has always been the goal pursued by Taiwan’s IP legal system. Through the newest amendments to the Trademark Act, simplified registration procedures and reduced costs will encourage enterprises to invest in innovation, thereby promoting market competition and economic development.
22 September 2023
Both registered and unregistered trademarks are recognised and protected in Australia, either by way of formal registration under trademark legislation, or the protection afforded by the consumer law and the common law tort of passing off. Australia’s trademark legislation provides avenues for the opposition to registration of trademarks, as well as removal of trademarks from the register.
22 September 2023
The Trade Marks Act plays a pivotal role in shaping India’s trademark registration and enforcement framework. With a focus on both registered and unregistered marks, it provides a robust system to protect trademark owners’ rights. Further, the creation of the IP division at the Delhi and Madras High Courts and the hiring of more hearing officers are significant steps toward improving the efficiency of trademark hearings and enforcement in India.
22 September 2023
The Delhi High Court has found that phonetic similarity trumps visual dissimilarity in a trademark infringement case between food industry rivals. While the defendant Wow Momo Foods is defeated in this instance, the main suit is still ongoing.
21 September 2023
The 11th Circuit has allowed a trademark licensee to bring a claim for unfair competition, despite a lack of authorisation in the licensing agreement. The court held that a previous agreement not to sue did not restrict the future licensees’ ability to take legal action against one another.
21 September 2023
In our latest round-up, we look at Netcraft acquiring FraudWatch, a watermelon wedge trademark cancellation being upheld, and much more.
15 September 2023
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