In this copyright and trade dress dispute between rival tableware companies, the US Court of Appeals for the Fifth Circuit has reversed a district court decision finding that the plaintiff had not established that its unregistered trade dress had acquired secondary meaning.
The court found that the sign had sufficient distinctive character due to the presence of the element ‘Nemiroff’ written in relief on the bottle.
Advocate General Maciej Szpunar’s opinion suggests that, if it is made clear to the reasonably well-informed and reasonably observant internet user that goods are offered by a third party, an intermediary platform may not infringe an owner's EU trademark rights.
The purpose of the amendments is to offer greater legal certainty and clarify some confusing aspects.
24 January 2022
With technology company Snap taking the USPTO to court for rejecting the registration of a SPECTACLES trademark, Phillips Nizer partner Alan Behr outlines his thoughts on the dispute in our latest opinion column.
22 January 2022
In our latest round-up, we look at Hong Kong authorities stepping up their anti-counterfeiting efforts, Kodak eyeing Indian expansion, ICANN appointing a new CTO, and much more.
21 January 2022
After an unprecedented rise in fraud targeting users at the USPTO, we look back at a tempestuous year of scams and identify more actions that can be taken to protect users in the future.
20 January 2022
The United Arab Emirates has formally approved some of the most extensive legal reforms ever seen in the country, which include major changes in the IP space.
17 January 2022
The criteria, listed in 35 articles, define in detail the various types of trademark offences, with the exception of trademark infringement.
13 January 2022
The case serves as a reminder that, where a decision is based on several pillars of reasoning, each of which is sufficient to justify its operative part, it is not possible to justify the annulment of the decision based only on one pillar.
11 January 2022
Recent amendments to the Korean Trademark Act and the Design Protection Act will provide more opportunities to remedy mistakes and relax the time limits for certain procedures.
07 January 2022
The following are enforceable in Germany: German trademarks, EU trademarks, German trademarks based on international registrations, names and non-registered trade designations. German trademarks are governed by the Trademark Act, which implements the EU Trademark Directive (89/104/EEC) and the Regulation on Trademark-Related Administrative Proceedings.
27 December 2021
The football and legal words recently met for a clash of the titans in an appeal heard by South Africa’s Supreme Court of Appeal.
17 December 2021
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