The Trademark Lawyer

A major Government consultation launched today by the UK Intellectual Property Office (UKIPO) aims to modernize Britain's design protection system and strengthen the UK's position as a global design powerhouse.  Industry analysis estimates that the design sector...

The registration of a company in Nigeria offers numerous benefits to business owners, including legal recognition, investor confidence, and easier access to credit facilities. However, a common misconception among entrepreneurs is that registering a company with the...

Food and beverage giant Dannon’s parent company is the latest to join the recent trend of brand owners pushing back against allegedly infringing trademarks and trade dress on competitors’ packaging.  Dannon’s parent company, Danone, owns the STOK brand of...

At its core, the dispute between Columbia Sportswear and Columbia University is about how entities that coexist under a shared term must adhere to clearly defined boundaries, both contractually and in the marketplace, to avoid consumer confusion. Columbia Sportswear...

The European Union Intellectual Property Office (EUIPO) marks an important achievement: five million EU Trade Marks (EUTMs) and EU Designs (EUDs) applications received since its foundation in 1994. These applications protect companies, entrepreneurs, and innovations...

In a landmark ruling, the Malaysian Federal Supreme Court in Kuala Lumpur established a significant judicial precedent in IP claims, holding that mere imitation of a trademark does not automatically breach IP rights. Infringement must instead be assessed based on...

The EU General Court’s recent decision in Spin Master Toys UK v. EUIPO – Verdes Innovations (Cases T-1170/23 to T-1173/23) is the latest twist in the long-running saga regarding three-dimensional (3D) trademarks. The decision offers technical intrigue and points for...

Barcelona’s Sagrada Família isn’t just one of the most iconic buildings in the world; it’s also one of the most fascinating examples of long-term intellectual property strategy. Originally designed by architect Francisco de Paula del Villar in the early 1880s, the...

In a world where artificial intelligence (AI) is rapidly blurring the boundaries between the real and the synthetic, Denmark is stepping forward with a groundbreaking legislative proposal: a copyright-based legal regime protecting individuals from...

Blake Lively is suing an entrepreneur at the Trademark Trial and Appeal Board over the right to use the name BLAKE in connection with various hair care and cosmetic items. Lively, whose real last name is Brown, filed two US trademark applications in April 2024 and...

New York, New York—July 17, 2025—The International Trademark Association (INTA) has opened registration for the final two new sessions of the groundbreaking “Integrating Intellectual Property (IP), Finance, and Valuation” Workshop Series. The first of these two...

The Hon'ble High Court of Delhi recently enunciated a substantial decision in the matter of Mokobara Lifestyle Private Limited v. Mr. Fazal Mohamed Yakub Patka & Ors. [CS (COMM.) NO. 591/2025] on May 30, 2025, granting ad-interim relief to the Plaintiff, M/s....

The Delhi High Court granted Amazon Technologies Inc. (Amazon Tech) a stay on the operation of the decree awarding ₹336,02,87,000 (approx. USD 390 Million) plus costs for trademark infringement, highlighting serious procedural irregularities, lack of pleadings and...

In the ever-evolving world of confectionery, Dubai Chocolate is quickly making a name for itself as the latest culinary sensation. But as popularity rises, so does the question: can this trendy name be legally protected as a trademark? In Argentina, the answer hinges...

TikTok Limited, a technology company operating a social media video application called TikTok, has been denied the coveted well-known status in India, despite its global outreach and immense popularity worldwide. Facts and background TikTok applied for the declaration...

The UK Intellectual Property Office (UKIPO) has issued important new guidance for trademark applicants following a Supreme Court judgment in the case of SkyKick UK Ltd and another v. Sky Ltd and others. The updated Practice Amendment Notice (PAN 1/25) clarifies what...

If you thought trademark law was all cereal boxes and cease-and-desist letters, think again—because this summer, things got extra crispy. In a culinary faceoff that sounds like a punchline but could potentially novella like a 12(b)(6) waiting to happen, Kellogg has...

In a significant decree reinforcing the sanctity of trademarks tied to public trust and national identity, the Hon'ble High Court of Delhi granted an interim injunction in favor of the Khadi & Village Industries Commission (KVIC) in its courtroom clash against...

The UK Intellectual Property Office (UKIPO) has published the latest round of its research into consumer attitudes and behaviors toward the purchasing of counterfeit goods. This is a large-scale consumer study into the purchasing of counterfeit goods among people in...

A recent lawsuit against international superstar Lady Gaga serves as a critical lesson for trademark lawyers: it's imperative to stress to music clients the importance of conducting a comprehensive trademark clearance search before choosing album names, especially...

The Intellectual Property Office UK (UKIPO) has today published the results of its latest Trading Standards Survey (2024-2025).   The survey provides insights into the scale and scope of IP crime from the perspective of those working on the frontline. The report...

In recent months, social media has been flooded with a widespread soft toy trend: mini cuddly creatures, fluffy keyrings, and quirky decorative figurines that grown adults can’t seem to get enough of. The latest toys to go viral are “Labubu” dolls — a range of...

New AI-based solution empowers trademark professionals to evaluate trademark risk and generate evidence-backed arguments with speed, ease, and confidence Clarivate, a leading global provider of transformative intelligence, today announced the launch of RiskMark, an...

New York, New York—May 18, 2025—The International Trademark Association (INTA) today announced its 2026–2029 Strategic Plan. The new Plan was thoughtfully designed to enhance the Association’s role as a trusted and influential advocate for the economic and social...

New York, New York—May 18, 2025—The International Trademark Association (INTA) announced today that it will hold its 148th Annual Meeting, the premier global summit for intellectual property (IP) professionals and brand owners, in the heart of London, England, May 2...

No legislative changes mean businesses can continue operating under the existing exhaustion of intellectual property rights regime without any new requirements.  The UK+ regime protects creators and innovators while ensuring fair competition in the marketplace and...

London, UK - May 15, 2025: Clarivate Plc (NYSE:CLVT), a leading global provider of transformative intelligence, today released the Trademark Filing Trends 2025 report, analyzing 10 key trademark registers worldwide: the United States (US), Canada, the United Kingdom...

With over 40,000 stores in 80 countries, Starbucks is perhaps the most famous coffee brand in the world. With its logo becoming part of the pop culture that has appeared in films such as The Devil Wears Prada, Starbucks has its place among iconic brands like...

Buc-ee's, the renowned Texas-based gas station and convenience store chain filed a trademark infringement lawsuit in March 2025 against Barc-ee's, a dog park and coffee shop in Missouri. Buc-ee’s also has a Missouri location. This dispute has reignited discussions...

New York, New York—May 6, 2025—The International Trademark Association (INTA) hit a milestone this week with more than 9,800 registrants signing up so far for its upcoming 2025 Annual Meeting. This solidifies the Association’s 147th Annual Meeting as its largest...

New York, New York—May 5, 2025—The International Trademark Association (INTA), through its Copyright Committee, submitted a written report to the Andean Court of Justice in case 228-IP-2023 upon a formal invitation by the Court.  INTA’s report addresses a series of...

In a recent decision that may prompt reflection among international trademark practitioners, South Africa’s Supreme Court of Appeal (SCA) addressed the ever-tricky question of how similar is too similar when it comes to trademarks in the wine industry. In Casadobe...

In the world of business, a company’s name is not just an identifier—it is a critical trademark asset, a legal safeguard, and the foundation of brand equity. The recent rebranding challenges faced by B9 Beverages (parent company of Bira 91) illustrate how a seemingly...

As World Intellectual Property Day approaches on 26 April, 2025, we asked our Editorial Board for their thoughts on this year’s focus: ‘IP and music: feel the beat of IP.’ Providing unique insight from their respective jurisdictions, our Editorial Board members...

Phonographic Performance Limited India (PPL India), which owns and controls public performance rights of over 400 music labels with 45 lakh international and domestic sound recordings, issued a notice to Azure Hospitality Private Limited (Azure) on July 20, 2022,...

Jack Dorsey tweeted, “Delete all IP law” on April 12, 2025. It is a strange position to take, considering the co-founder of Twitter has a current estimated stake of $1 billion in X Corp. and owns Block, Inc. (formerly Square). X, formerly Twitter, currently has over...

AI governance Artificial intelligence (AI) is at the core of the European Union Intellectual Property Office's (EUIPO) vision. Its approach to AI is human-centric, rooted in the needs and priorities of the staff, ensuring that AI serves as a helpful tool to support...

In January, the UK government set out its response to the AI Opportunities Action Plan that was developed by tech entrepreneur and Chair of Advanced Research and Invention Agency (ARIA) Matt Clifford CBE. The plan set out recommendations for the government, which...

Unsurprisingly, perhaps, given the continuing success of The Gruffalo, the author, Julia Donaldson, and the illustrator, Axel Scheffler, have registered their scary, but not really scary friend as a trademark. In an excellent example of enhancing the copyright of...

Although in its early stages, the proposed changes to the Copyright, Designs, and Patents Act (1988) are already causing controversy, particularly among those in the music and creative industries. More than 1,000 artists, including huge names such as Kate Bush and...

On February 20, 2025, Pepperdine University commenced an action against Netflix Inc. and Warner Bros. Entertainment Inc. in the US District Court for the Central District of California. The Complaint alleges a total of nine causes of action sounding in trademark...

Does reusing embossed bottles with another manufacturer’s trademark constitute the infringement of intellectual property rights under the Trademarks Act? In a recent case, this issue was assessed. Mount Everest Breweries Limited (appellant) manufactures and sells beer...

US copyright laws are intended to protect the rights of authors and creators by granting them exclusive rights over their works. That way, authors and creators can control how their works are used, reproduced, and distributed. These laws are intended to encourage...

In the ever-evolving domain of artificial intelligence (AI), India's first AI copyright case, ANI v. OpenAI, has emerged, potentially shaping the future of copyright protection in India. The case raises the fundamental question: does generative AI's use of copyrighted...

The US Supreme Court’s (SCOTUS) decision in Dewberry Group v. Dewberry Engineers was narrowly focused on one question: whether the trial court erred in treating the profits of defendant’s affiliates as “defendant’s profits” within the meaning of Section 1117(a) of the...

The Duchess of Sussex, Meghan Markle, has faced a series of setbacks in finding a suitable brand for her passion of “cooking, crafting, and gardening.” In 2024, Markle attempted to launch a lifestyle brand under the name 'American Riviera Orchard.' Through her...

New York, New York—March 11, 2025—The International Trademark Association (INTA) is honored to announce Louise Felton, Vice President, Marketing, Qualcomm Technologies, Inc., as the Opening Ceremonies Keynote Speaker for its 2025 Annual Meeting, taking place in San...

Late last year, a judge in the Northern District of California found e.l.f. Cosmetics did not infringe on Benefit Cosmetics’ trademarks or trade dress when e.l.f. created what is commonly known in the beauty industry as a duplicate or “dupe” product. A “dupe” product...

Don José Mario Alfaro González, known as Mario, operates a supermarket in San Ramón, Costa Rica, called 'Super Mario.' According to the supermarket’s Facebook page, González founded the store in 1973—years before Nintendo’s red-capped video game protagonist first...

Register now at Early Bird rates for the ECTA 43rd Annual Conference in Berlin on 18-21 June 2025! This year’s Conference 'Bears on the Loose' 🐻😎 celebrates Berlin’s heraldic bear and the city's vibrant atmosphere. With its melting pot of cultures, rich history, and...

The meteoric rise of the 'Stanley cup,' a seemingly ubiquitous insulated tumbler has not only captured the zeitgeist but also ignited a high-stakes legal battle in Stanley Black & Decker, Inc. v. Pacific Market International (PMI) Civil Action No. 3:25-cv-00243....

The business world is increasingly shifting from linear to circular models, driven by environmental concerns, consumer demand, and regulation. This transition presents both challenges and opportunities for firms, particularly within the context of intellectual...

New York, New York—February 26, 2025—The Board of Directors of the International Trademark Association (INTA) convened yesterday for a special board meeting where they voted to approve a resolution on the issues of “deep fakes” and “digital replicas." Board...

Designers and businesses urged to respond by April 1 to help shape the future of UK design IP protection The UK Intellectual Property Office (UKIPO) has today launched a new survey as part of the government’s review of the UK’s design system. It is inviting responses...

The UK Government should seriously consider mandating artificial intelligence (AI) users to mark their content as AI-generated, says leading property law firm Mathys & Squire in response to the UK’s consultation on AI consultation that closes on February 25. In...

There has been much excitement in the trademark sphere following the decision in Thatcher’s v. Aldi. As many readers will be aware, the matter centered around Thatcher’s Cloudy Lemon Cider packaging and Aldi’s Taurus Cloudy Lemon Cider. The decision is a victory for...

Despite the Kansas City Chiefs' loss in this week's Super Bowl, Pat Riley was hopeful of gaining a historic third consecutive Super Bowl victory. The NBA legend and Miami Heat president has held the trademark for THREE-PEAT since his days coaching the Los Angeles...

Will the German Federal Court of Justice find the substance of Birkenstocks has transubstantiated from functional orthopedics to works of art while their accidents remain unchanged? The iconic sandal manufacturer hopes so. Birkenstock is fighting a new wave of...

The global trademark landscape frequently encounters disputes when iconic brands expand into new markets. The recent filing of the ZACAFFE trademark by fashion retailer ZARA highlights the challenges of diversification into unrelated industries. The case has garnered...

The story of the trademark registration THE PRINCESS AND THE SHAMAN The Norwegian media has recently brought the US trademark registration THE PRINCESS AND THE SHAMAN (no. 7402680) into the spotlight. The registration is owned by Ohana Productions LLC, associated with...

The Copyright Act can be prone to abuse by bad actors who make a business of filing high numbers of low-value actions in federal court rather than the recently created (and less expensive) voluntary Copyright Small Claims tribunal. Such serial litigants leverage the...

Official statistics for 2024 are out, and it is confirmed that following the initial recovery of trademark and design applications in 2023, the positive trend has consolidated in 2024, with more than 303,000 European Union Trade Mark (EUTM) and Registered Community...

The registration of traditional trademarks by athletes, entertainers, and public figures, such as their names, is not particularly new. However, recently, sportspeople have been looking to register non-traditional elements of their unique contribution to sporting...

Puma SE, the multinational athletic corporation, has kicked off the new year by picking a fight with Tiger Woods’ new company, Sun Day Red. On January 2, 2025, Puma filed a letter of opposition with the United States Patent and Trademark Office (USPTO) to prevent the...

In 2022, clothing brand GAP Inc. opposed Transport For London's (TFL) application for a mark reflecting the refrain heard by thousands of London commuters every day: MIND THE GAP. TFL’s application for the word mark MIND THE GAP covered class 9 (eyewear) and class 18...

Jim Valvano’s inspirational speech at the 1993 ESPY Awards, where he famously stated, “Don’t give up. Don’t ever give up,” embodies the kind of determination the Carters have shown during their 12-year journey to secure the BLUE IVY CARTER trademark. Recently, the...

With '90s fashion having its moment, consumers have been reaching for their oversized sweatshirts with bold graphics and logos. Some may be reaching back into their own closets, but others are buying these for the first time. However, companies that have capitalized...

Recently, Asian News International (ANI), a renowned news agency, has filed a copyright infringement suit against the creators of ChatGPT, OpenAI. In this case, a first-of-its-kind in India, ANI has sought an injunction against OpenAI to restrain it from storing,...

The United States Patent and Trademark Office (USPTO) has announced significant changes to its trademark fee schedule. Effective January 18, 2025, these updates will include higher fees for several filings, the elimination of the “TEAS-PLUS” option, and a shift toward...

An interesting find in what at first seemed to be a run-of-the-mill Benelux trademark opposition concluded on 22 November 2024. The applicant had named ChatGPT as its representative, with unfavorable results. Background In November 2023, a Dutch national filed a...

The eagerly awaited decision in Sky v. SkyKick did not disappoint. Having now had time to digest and discuss the decision more fully, what does it mean for trademark law and practice in the UK? Is it the start of a welcome and radical change or a more muted tweak to...

British-owned Vietnamese restaurant Pho recently filed to surrender its trademark of the word 'pho' – the national dish of Vietnam – following a viral social media backlash against the business’ aggressive enforcement strategy.   There are valuable lessons to be...

UK artists will earn new royalties when their works are resold in New Zealand following the Free Trade Agreement.  UK creative sector set for boost as new arrangements ensure British artists are paid when their work is resold in New Zealand.  Artist’s resale right...

After 12 long years of legal back-and-forth, Beyoncé and Jay-Z ('the Carters' – their real last name) are once again asking federal regulators to register their daughter Blue Ivy Carter’s name as a trademark. Shortly after Blue Ivy was born in January 2012, Beyoncé’s...

On 31 October 2024, the High Court of England and Wales handed down its judgment in Shorts International Limited (‘SIL’) v. Google [2024] EWHC 2738 (Ch) regarding Google’s use of ‘Shorts’ in relation to its ‘YouTube Shorts’ service. ‘YouTube Shorts’ launched in the UK...

In January 2024, Tiger Woods and Nike announced the end of a 27-year partnership. It didn’t take Woods long to announce that he was leveraging a long-standing equipment partnership with TaylorMade and expanding that relationship into a lifestyle clothing line called...

Amanda Kinsey, the owner of Fayetteville-based 'Amanda’s BarBeeQue,' has faced trademark opposition from Mattel, the company behind the iconic Barbie brand. After years of operating her business without issue, Kinsey recently filed to register her trademark, only to...

In a landmark judgment, the Hamburg Regional Court ruled in Kneschke v. LAION (Case No. 310 O 227/23) that the actions of the Large-Scale Artificial Intelligence Open Network (LAION) did not constitute copyright infringement. This case, which focused on the...

From an early age, I have been captivated by superhero stories. From Spider-Man to Superman, these characters inspired me to dream of becoming a superhero myself. As a lifelong fan, I was shocked to discover that the term 'superheroes' was trademarked. As a trademark...

Gemini Data, Inc., an artificial intelligence (AI) software company, has filed a lawsuit against Google in the US District Court for the Northern District of California. The suit alleges trademark infringement related to Google's rebranding of its AI chatbot from BARD...