Work Area: Trademark law

Latest content

Draft amendment of the Trademark Act sets outs big system overhaul

A raft of suggested changes to the current Trademark Act could have a big impact on the IP landscape for many years to come. In particular, the draft amendments propose establishing a new committee that would be responsible for reviewing all formally rejected cases and examining invalidation and cancellation actions.

26 May 2022

Arizona State spat over covid-19 Instagram posts hits a wall

The Ninth Circuit has declined Arizona State’s appeal of its trademark infringement suit and upheld a district court decision that there was no likelihood of confusion between the plaintiff’s trademarks and the alleged infringer’s social media posts.

26 May 2022

Residual goodwill cannot save TRU Kids Inc from losing opposition to rival mark

TRU Kids’ ultimately unsuccessful opposition to the mark GroceriesRus signals the necessity of establishing clear similarities between an original sign and a contested mark, even where there may be residual goodwill present.

26 May 2022

New bill rings alarm bells for IP courts in Poland

IP practitioners have reacted warily to proposed reforms of the court system in Poland. While some of the proposed changes appear to contradict one another, they open the door to the cessation of specialised IP courts.

26 May 2022

Colour trademarks: study reveals depletion could reach “chronic level” in near future

A groundbreaking new study has analysed thousands of single-colour trademarks at the USPTO, revealing that nearly half are either red or blue.

23 May 2022

Short cutting the USPTO wait time: how some marks are jumping the pendency queue

As USPTO trademark examiners start work this month on applications filed in August 2021, some experts are looking at a way to accelerate applications to the front of the line.

20 May 2022

Nike sues retail platform over NFTs in potentially precedent-setting case

An in-depth look at Nike v StockX  and how the nominative fair-use defence has been made (and may fare) where unaffiliated branded goods are depicted in NFTs.

19 May 2022

Audi counterfeiter faces higher damages for lack of cooperation

The lack of cooperation of an individual whose company was found to wilfully counterfeit and infringe Audi AG’s trademark and design patent rights has motivated a court to significantly increase damages against them.

18 May 2022

USPTO prepares to review design rules for new technologies

Weeks into new US Patent and Trademark Office Director Kathi Vidal’s tenure, the office has signalled it is turning immediately to a review of the rules for design patent applications for different types of virtual products.

16 May 2022

NFTs, trademarks and sneakers: a Nike story

What are NFTs and how do they fit into trademark law, if at all? Analysis of US legislation and a deep dive into nominative fair use as a legal defence of NFTs allegedly infringing Nike marks, sheds light on this emerging asset class.

12 May 2022

Unlock unlimited access to all WTR content