Work Area: Trademark law

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Copyright infringers could be held liable under the Lanham Act following furniture dispute

The Ninth Circuit’s appeal court has confirmed that liability under the Copyright Act and Lanham Act are not mutually exclusive, which is particularly pertinent in regard to trade dress damages.

22 June 2023

“Cautious optimism” – study finds Tam decision has been “positive development” for LGBTQ+ community

A new study has taken a deep dive into LGBTQ+-related trademark applications following the US Supreme Court’s groundbreaking Matal v Tam decision.

21 June 2023

Danish practice to align with EUIPO on following GI conflict over Scotch Whisky

A dispute involving the GI Scotch Whisky has led to a more harmonised approach between the DKPTO and EUIPO. It also highlights that consumer surveys are a powerful tool when evidence of public perception is required.

15 June 2023

Trademarks Registry’s inconsistent approach to examination exposed in phonetic similarity dispute

In a recent education-sector spat, the Delhi High Court has overturned the Trademark Registry’s grant decision, directing it to improve its examination practice by conducting both word mark and phonetic searches for similar marks.

15 June 2023

Non-invasive mindreading looks possible thanks to AI; is trademark evidence hopelessly behind?

In his latest column, AI expert Cameron Shackell considers recent developments in AI and neuroscience, and the major implications for the trademark industry.

31 May 2023

Libyan trademark office resumes operations; UAE simplifies renewal process; Yokohama Rubber counterfeits success – news digest

In our latest round-up, we look at JACK AND VICTOR winning UKIPO approval despite pushback from Jack Daniel’s, and much more.

30 May 2023

Draft trademark bill introduces letters of consent

The draft amendment will be welcomed by IP owners and practitioners, who have long been calling for the introduction of a system allowing for the submission of letters of consent.

30 May 2023

The fight for Nipper: takeaways from HMV’s trademark battle in Singapore

In an exclusive guest post, a recent decision from the Intellectual Property Office of Singapore is analysed, offering lessons for rights holders that could impact their IP approach in Singapore going forward.

22 May 2023

Influencer dispute highlights need to regulate denigrating content featuring brands

The High Court of Calcutta’s ruling on the row between a juice producer and an influencer underlines the lack of legislative clarity on differences between the honest use of a mark as part of free speech and disparaging use on social media.

18 May 2023

Supreme Court disregards tradition of cumulative protection for trademarks in pharmaceutical case

The Supreme Court’s momentous ruling on a dispute over a pharmaceutical trademark disregards the cumulative protection for marks established in previous legislation, separating protection from unfair competition provisions and eschewing well-worn precedent.

18 May 2023

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