Work Area: Trademark law

Latest content

INTA files amicus brief in TRUMP TOO SMALL case; Diesel wins dispute; Wilko brand sold – news digest

In our latest round-up, we look at Netcraft acquiring FraudWatch, a watermelon wedge trademark cancellation being upheld, and much more.

15 September 2023

Lamborghini and Novartis prove effectiveness of invalidation and opposition proceedings to combat trademark squatting

In its attempts to crack down on malicious trademark registration, the CNIPA is applying Article 44(1) of the Trademark Law. In many cases, however, it is difficult to prove confusion among the relevant public.

14 September 2023

Nothing lost in translation: book’s Spanish version is not a different creative work

Douglas Wood’s bid to register the titles of his English life guide and its Spanish translation has been rejected by the TTAB. The board maintained that the book and its translation were versions of the same work, not a series – and thus ineligible for trademark protection.

14 September 2023

How to navigate 'hush' branding disputes

In the somewhat taboo realm of menstrual hygiene products, a trademark dispute illuminates the convergence of statutory rights and social mores and the crucial role that courts can play in resolving matters where such competing needs collide.

14 September 2023

USPTO delays post-registration provisions; BPTO disinformation warning – IP office updates

In this latest update, the Indian IP authority is asked to report on regulations for IP agents, the Hong Kong IP department celebrates 25 years of its “No Fakes Pledge”, and much more.

13 September 2023

CNIPA cracks down on malicious registration using Article 4 of the Trademark Law

Trademark squatting is posing a sizeable challenge for genuine mark owners. The CNIPA is taking several measures to tackle the practice, including by strengthening the examination process.

07 September 2023

Fourth Circuit affirms that disgorgement of profits is an appropriate remedy for breach of contract

Addressing the breach of a confidential settlement agreement, the Fourth Circuit has upheld a district court’s summary judgment rulings in a real estate trademark dispute, agreeing on all six likelihood-of-confusion factors.

07 September 2023

Google keyword ruling indicates evolving trademark jurisprudence in digital realm

The Delhi High Court has ruled that since Google monetises its keyword suggestion tool, its use of trademarks as keywords constitutes advertising under the Trademarks Act. It also compromises its claim to safe-harbour immunity, which is offered to intermediaries under the Information Technology Act.

07 September 2023

Slovenian legislative overhaul reflects valuable steps towards harmonisation with EU IP framework

Amendments to the Slovenian Industrial Property Act signal that Slovenia is keen to modernise its legislation to keep up with digital trends. Other changes address extension-of-time requests and cancellation procedures, among many others.

07 September 2023

Formation of unified IP authority sparks new era of brand protection in Egypt

The Egyptian government has marked a "transformative milestone" with the formation of the Egyptian Intellectual Property Authority.

05 September 2023

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