The Trademark Lawyer

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...

In a significant victory for international entertainment giants, the Delhi High Court has issued a dynamic injunction aimed at safeguarding the copyrighted content of leading global studios, including Warner Bros., Netflix, Disney, and others. The injunction targets...

The Delhi High Court recently adjudicated in favor of Monster Energy Company in a dispute concerning the usage of the trademark MONSTER. In a recent pronouncement, Hon’ble Justice Mini Pushkarna of the Delhi High Court adjudicated a trademark dispute between Monster...

CTC Legal Media is excited to announce that the Stuff You Should Know About IP podcast has just released a brand new episode! Hosted by Ray Guarnieri and Thomas J. Colson, episode 53 focuses on Turkish Olympic shooter Yusuf Dikec, who caught the world’s attention with...

The hit song 'Flowers' by superstar Miley Cyrus was released 10 years after 'When I Was Your Man' by internationally renowned recording artist Bruno Mars in 2013. While both are prize winners, Flowers was recognized most recently as Record of the Year at the 2024...

Trademarks are often a battleground for the Davids and Goliaths of the business world, with big brands often taking a hard defensive line that could seem impenetrable. However, the recent loss by EasyGroup against smaller business Easyfundraising shows that when it...

Musicians are mostly known to be a liberal group, so it should come as no surprise that the likes of Beyonce, Foo Fighters, ABBA, and Celine Dion have all objected to the Trump Campaign’s use of their music.  When pursued in court, the musicians have been prevailing....

Isn’t it fascinating how a simple pose can capture the whole world’s attention? Turkish Olympic shooter Yusuf Dikec, who won a silver medal in the mixed team 10m air pistol event at the 2024 Paris Olympics, went viral for his casual and stylish pose during the...

Possibly, the first of its kind domain dispute (case no D2024-2516) before the WIPO Arbitration and Mediation where the Complainant was found to have impersonated the Respondent and its vice president Mr. Williams, and fraudulently tried to gain control of its domain...

On 3 August 2024, Qatar officially became a member of the Madrid System under the World Intellectual Property Organization (WIPO), making it the fourth Gulf Cooperation Council (GCC) country to join, following Bahrain, Oman, and the UAE. With this development, Saudi...

The Bermuda Registry General has officially announced that the much-anticipated new trademark law, the Trade Marks Act 2023, will come into effect on January 1, 2025, replacing the Trade Marks Act 1974. The new law brings with it several significant changes to the way...

EasyGroup has been in the news again recently defending its trademark rights - other recently reported conflicts being with EasyLife, which has now settled, and EasyFundraising, which is ongoing. In this particular case, EasyGroup objected to the use and registration...

Navigating the complex intersection of intellectual property (IP) and personality rights in the entertainment industry has always been challenging, but recent legal developments have added a new layer of intrigue. On August 14, 2024, the Delhi High Court addressed a...

With rising prices, it can be tough to look cute on a budget. The rise of fast fashion and “dupes” – cheap imitations of more expensive goods – have captivated the younger generation. In the past, wearing an imitation of a brand was looked down on. The new generation...

Vans has settled its lawsuit against Brooklyn-based art collective MSCHF, bringing an end to the dispute over MSCHF’s 'Wavy Baby' shoes, a distorted parody of Vans' iconic Old Skool design. As part of the settlement, MSCHF agreed to permanently stop selling the shoes...

In a recent legal battle that has drawn significant attention from international business leaders and trademark attorneys, the global fast-food giant Burger King Corporation faced a formidable challenge in India. The dispute, centered around the use of the BURGER KING...

The UK Intellectual Property Office (UKIPO) has today issued new guidance reminding legal professionals of their obligation under the Civil Procedure Rules (CPR) to notify the UKIPO of new court cases started in the UK courts, which involve registered intellectual...

In 2016, a legal battle with a bite unfolded before the Delhi High Court. Lacoste, the iconic French fashion brand known for its distinctive crocodile logo, and its Indian licensee, Sports and Leisure Apparel Ltd., locked horns with Crocodile International Pte Ltd....

Shein v. Temu  When Roadget Business Pte Ltd., owner of Shein, filed a complaint against PDD Holdings Inc., also known as Temu, for copyright infringement on August 19, it was just another battle in a years-long war that has raged in the US Federal Court system...

CTC Legal Media is excited to announce that the Stuff You Should Know About IP podcast has just released a brand new episode! Hosted by Ray Guarnieri and Thomas J Colson, episode 51 focuses on the untold story of the Olympic flag and the legal protection behind the...

In a recent judgment by the Lahore High Court, it was clarified that the Copyright Board (CRB) is not authorized to hear rectification applications related to allegations of infringement or breach of intellectual property (IP) rights. In a case presented to the court...

The Legislative Assembly of El Salvador has approved a new Intellectual Property Law, repealing the previous Law on Trademarks and Other Distinctive Signs, as well as the Intellectual Property Law that had been in force since 1993 and its regulations. The new law...

Starbucks recently filed a trademark infringement lawsuit against Brandpat, LLC dba Starbuds Flowers (Starbuds), alleging infringement of its iconic trademark (see below).  Starbuds uses the following mark as alleged in the complaint filed on June 28, 2024. As even...

Kanye West, also known as Ye, and the estate of the late disco icon Donna Summer have settled a copyright dispute. The controversy arose from West's alleged unauthorized use of Summer’s 1977 hit “I Feel Love” in his album Vultures 1. Summer’s widower, Bruce Sudano,...

Customers should not pay these and should always report them to the IPO IPO issues fresh alert to beware of unsolicited payment requests. Figures show a recent surge in such requests reported by customers – up 63% on the same period last year. IPO publishes updated...

New York, New York—July 24, 2024—The International Trademark Association (INTA) has filed a Statement in Intervention with the European Union General Court in case T-38/24, OMV AG v. European Union Intellectual Property Office (EUIPO), relating to the registrability...

The social media giant Bytedance, owner of the ubiquitous TikTok platform, recently suffered a setback in Singapore. In a decision issued by the Intellectual Property Office of Singapore (IPOS) on June 14, 2024, Bytedance failed to block the trademark registration of...

At the end of June, the 111th edition of the Tour de France kicked off. June also saw the end of a dispute between Société du Tour de France (STF) and German fitness studio chain FitX Beteiligungs GmbH (FitX) over the well-known TOUR DE FRANCE trademarks (General...

Louis Vuitton and Pharrell Williams may have misstepped - almost literally. The company and its men's creative director are accused of infringing the registered US trademark POCKET SOCKS in connection with (you guessed it) socks with pockets. The allegations in the...

Fandom is a massive part of any globally-followed sports tournament, and this year’s Euros was no exception. As an expected 650,000 international football fans descended on Germany, there was an obvious rush to grab their respective nations' kits and colors. However,...

Every trademark attorney knows the Burger King v. Hoots case from 1968, in which the federal trademark registrant of BURGER KING - a Florida company - challenged the 'good faith junior user' which innocently adopted the same BURGER KING mark for identical services in...

Our Editor-in-Chief, Faye Waterford, had the unique opportunity to attend Potter Clarkson’s residential IP Summer School, an exclusive event that took place on June 25-26 at the University of Nottingham. After a very warm welcome and humorous icebreaker conducted by...

In a recent landmark decision, the Higher Regional Court of Düsseldorf gave the green light for Nike to feature stripes on some of its sports trousers. The trademark dispute between the two sportswear giants, Nike and Adidas, began in 2022, when Adidas – which is...

New York, New York—July 2, 2024—The International Trademark Association (INTA) respects the provincial government of Quebec and their representation of the will of their people to further protect the erosion of the French language through amendments to the Regulation...

The Hon’ble Delhi High Court in the case of Vans Inc. v. FCB Garment Tex (FCB), recently issued a significant ruling restraining Vans from seeking rectification of FCB's IVANS trademarks, despite Vans’ recent recognition as a well-known trademark. The court clarified...

The Irish fast food chain Supermac’s has won a David v. Goliath legal battle against McDonald’s in a case concerning the BIG MAC trademark. The General Court’s decision issued on June 5 means that the US-based fast food giant no longer holds the BIG MAC trademark for...

While social media influencers are not a new concept, having emerged in the early 2000s with the advent of YouTube, their reach has soared to unprecedented levels over the past decade. ‘Influencers,’ people who establish an online presence through personal reviews and...

Burberry has triumphed over Baneburry in a trademark infringement and unfair competition case after the Jiangsu Provincial High People’s Court ruled in its favor. Xinboli Trading Shanghai (Xinboli), trading as Baneburry, was ordered to cease use of the infringing...

A Lahore-based café has been fined PKRs 6 million for the fraudulent and unauthorized use of the STARBUCKS trademark, by the Competition Commission of Pakistan (CCP). STARBUCKS, a well-known trademark and a globally recognized chain of coffeehouses registered in the...

New York, New York—June 11, 2024—The International Trademark Association (INTA) has decided to reschedule the Annual Meeting in Dubai, United Arab Emirates (UAE), originally scheduled for 2026, to 2029. Choosing a host city for an event of the size and scope of the...

George Carlin was often prescient in his scathing social commentary and criticism of modern society. In his 2006 special, “Life is Worth Losing,” he said: “I’ve been uplinked and downloaded, I’ve been inputted and outsourced, I know the upside of downsizing, I know...

In the bustling world of pharmaceuticals, where brand names hold immense value, a fierce legal battle unfolded between Pfizer Products Inc. and Renovision Exports Private Limited (Renovision). The dispute centered on Pfizer's well-known trademark, VIAGRA. Plaintiff...

As artificial intelligence (AI) continues to evolve and enmesh into more aspects of our lives, so do the legal complexities surrounding its development and use. One critical area of concern is the use of content from social media platforms by AI companies. With social...

IPTV (Internet Protocol Television) is ubiquitous to most, the everyday consumer of television media in the modern age. Whether it is streaming Planet Earth III on BBC iPlayer, the Premier League from Sky Sports, or the notorious Baby Reindeer on Netflix, there’s...

The likelihood of confusion is fundamental to UK trademark law and the laws of many other countries worldwide. Usually, we're comparing marks as they appear on the register, and forming opinions on whether two marks are likely to be confused with one another is second...

In what promises to be the legal spectacle of the year, Bollywood luminary Jackie Shroff is gearing up for a fierce battle against trademark violations in his latest legal undertaking.  Shroff, the iconic figure of Bollywood known for his inimitable style and...

Analyzing six of the key trademark registers from around the world London, UK, May 21, 2024:  Clarivate Plc (NYSE: CLVT), a leading global provider of transformative intelligence, today released the Trademark Filing and Litigation Trends 2024 Report, analyzing six of...

New York, New York—May 20, 2024—The International Trademark Association (INTA) announced today that it will hold its 147th Annual Meeting, the world’s premier event for brand owners and professionals, in San Diego, California, USA, from May 17 to 21, 2025. INTA CEO...

Corsearch forecasts that over 100 million registered trademarks will be active and in force in 2026, more than doubling over the course of a decade. In response to this growing challenge for IP professionals, Corsearch relaunches the TrademarkNow platform with...

The world of trademarks is a crucial battleground for businesses, especially in a globalized market. Strong trademarks help consumers identify the source and quality of products and services. For electric vehicle giant Tesla Inc. (Tesla), its brand name ‘Tesla’ is a...

We all know that being active is important for our physical and mental health. However, I am going to look beyond the obvious benefits of being active and take a deeper dive into the field of neuroscience, which demonstrates the interconnectedness of our mind and body...

Last summer, several publishers, including Universal Music Corp., Sony Music Publishing, all members of the trade group the National Music Publishers’ Association (NMPA), filed a lawsuit against X Corp., seeking $250 million in damages for alleged copyright...

Celebrity chef David Chang learned the hard way that “just because you can doesn’t mean you should.” Chang, founder of Momofuku and maker of CHILI CRUNCH sent cease and desist letters to other producers using the term “chili crunch” on their labels in early April....

Delhi, India—May 7, 2024—The International Trademark Association (INTA) has filed an intervention before the Delhi High Court, India, in the appeal (FAO (OS) (Comm) No. 241 of 2023) against the order dated August 16, 2023, in Hero MotoCorp Limited v. M/S Shree Amba...

The Global Intellectual Property Conference (GIPC) is where brilliance meets influence. This isn't your average gathering; it's a convergence of thought leaders, industry titans, innovators, legal experts, and executives from Fortune 500 companies.  Step into the...

The share of green European Union Trademarks (EUTMs) continues to rise among a growing interest in sustainability according to a study published by the European Union Intellectual Property Office (EUIPO). The analysis reveals that in 2022, 14.5% of all applications,...

The legal battle continues between the Italian museum Gallerie dell’Accademia in Venice and the German toy manufacturer Ravensburger.  Ravensburger still refuses to pay for the right to reproduce one of Leonardo da Vinci’s most famous drawings – the Vitruvian Man – on...

Michael Jackson, Bob Dylan, Sting, David Bowie, Stevie Nicks, Bruce Springsteen, and now KISS. What do they all have in common? They have all sold their music catalogs in the past 10 years. Jackson and Springsteen reaped the biggest rewards at over $500M each. Catalog...

We were delighted to attend the EUIPO’s 5th IP Case Law Conference held in Alicante on the 29-30 of April 2024 – special thanks to EUIPO for the invitation and exceptional hospitality throughout the conference. Following a warm welcome from Master of Ceremony Thomas...

As World Intellectual Property Day approaches on 26 April, we asked our Editorial Board their thoughts on this year's focus: 'IP and the SDGs: Building our common future with innovation and creativity.' Established by the United Nations in 2015, the Sustainable...

Unlicensed artificial intelligence (AI) music generation has been highlighted in the news recently: the British Phonographic Industry (BPI), whose members consist of record companies, has publicly stated its intention to commence proceedings against Jammable -...

The USPTO recognizes that practitioners are increasingly using AI tools to prepare and prosecute patent and trademark applications. Therefore, to “cabin the risks” arising from the use of AI, on April 11, 2024, the USPTO issued guidance on the use of AI tools....

For over 114 years, the Chanel fashion house has produced immediately recognizable high-fashion apparel and accessories synonymous with elegance and luxury for the international market.  With prices for some of its handbags regularly exceeding the USD 5,000-10,000...

The UK-based company, Pleese, has accused Aldi of copying its product and infringing on its intellectual property (IP) rights. The product at the center of the claim is 'Freezecakes' which is a scoopable frozen cheesecake in a tub made from 40% cream cheese with...