
WWE takes on more trademark applications
What is WWE? WWE (World Wrestling Entertainment) can be traced back as far as 1952 and is an American professional wrestling company. It identifies itself as a ‘global integrated media and entertainment company’, and has features within films, American football, and...
INTA files amicus brief cautioning against overextension and misapplication of Dastar in false advertising cases
New York, New York—March 10, 2023—The International Trademark Association (INTA) has filed an amicus brief with the United States Court of Appeals for the Federal Circuit in Crocs, Inc. v. Effervescent, Inc. et al., No. 22-2160. The case involves the extent to which...
Subway can’t claim monopoly over all two-syllable words starting with “SUB”, “VEG” and “CLUB”: Delhi High Court
Trademarks are one of the fastest growing and developing IPs nowadays. That’s why various organizations are engaging themselves in trademark-oriented deals. Trademarks provide the proprietor with exclusive rights and benefits and so, they are becoming a huge source of...
Lord of the Bins comes under a ring of fire!!
Lord of the Bins!! A very creative name don’t you think?? However… The waste collection company based in Brighton have been approached by the legal team for the Lord of the Rings franchise and have asked them to change their name and their strapline “One Ring to...
Liking, listening, learning and the law. Working with others in legal workplaces
Working with others is a free online course designed to provide individual legal professionals with valuable guidance on working effectively with clients, colleagues and others. It includes written information, a range of interactive activities, and audio-visual clips...
Eminem gets “Shady” with the Real Housewives’ cast members
While many of us enjoyed a romantic evening with our significant others on Valentine’s Day this year, the American rapper Marshall B. Mathers III (aka Eminem) had some not-so-romantic plans. On February 14, 2023, Eminem took legal action to protect his trademark...
Five predictions that will shape the future of IP and brand protection
Counterfeiting costs the global economy $500 Billion annually. One of the biggest trends that has contributed to the rise in counterfeit and pirated products is simply the expansion of ecommerce, online shops, and purchasing products through social media. It's very...
McDonald’s vs Mr. Charlie’s: a battle over trademarks in the food industry
The food industry is a highly competitive market where businesses aim to establish their own brand and reputation. Trademarks play a significant role in this by allowing businesses to protect their unique logos, names, and other identifying elements from being used by...
Fashion brand Thom Browne wins jury trial in Adidas’ lawsuit about Three-Stripes mark
A jury in federal court in New York found fashion designer Thom Browne’s company did not infringe or dilute Adidas’ Three-Stripe trademark by selling “tailored sportswear” with four horizontal stripes. The backstory Adidas is known as “The Brand with the Three...
100% THAT BITCH is 100% a Trademark
Nearly four years after first filing applications to register 100% THAT BITCH as a trademark for use in connection with clothing, Lizzo has won approval from the Trademark Trial and Appeal Board (TTAB) for her applications to proceed to publication. While the journey...
International Trademark Association to Host ‘The Business of Data’ Conference in New York City
The International Trademark Association (INTA) will host its 2023 New York Conference, The Business of Data: Innovation, Regulation, Security, and Ethics on March 22 and 23 in New York City. “The popular saying ‘Data is King’ has never been truer!” said INTA CEO...
Unlawful distribution of SAMSUNG branded phones called to the High Court
The High Court in Bangladesh on 6 February 2013, comprised of Madam Justice Naima Haider and Mr. Justice Md. Khairul Alam, has ruled that inaction and failure of Customs Authority, Telecommunication Regulator (BTRC) and Law Enforcement Agencies to restraint imports,...
Mochi do about goods – unpacking a common trademark myth
There are several dangerous myths circulating about trademarks and how they work. One of the myths I encounter most often relates to likelihood of confusion analysis. Trademark owners, especially small business owners, commonly believe that if their products or...
Has the practice for color, black and white trademarks changed?
The latest practice of EUIPO and countries which harmonized their practice in the field of trademarks establishes a new concept and rules laid down in three important aspects of trademark registration: PRIORITY - a trademark in black and white from which priority is...
More Copyright News
The INTA Pro Bono EntreprenuHERship Program
On Wednesday, March 8, 2023 at 11AM EST, the International Trademark Association (INTA) is celebrating International Women’s Day by hosting a virtual legal clinic focused on entreprenuHERship. This online program is a single-day event, designed like a walk-in legal...
Storm in a Can of FANTA
Current political situation added shades to intellectual property cases. Some foreign companies left the Russian market and this makes us cast a new look on the situation on the Russian market. Contrary to the opinion of analysts Russian intellectual property has not...
Revisions may be on the horizon for Trademark Law in China
Recently, China National Intellectual Property Administration (CNIPA) issued a notice on public solicitation of comments on the Revised Draft of the Trademark Law (Draft for Comments). China's trademark law is facing the fifth revision since its promulgation in 1983....
INTA Asks Supreme Court to Define “Expressive Works” as Applied in the Rogers Test
The International Trademark Association (INTA) has filed an amicus brief in the United States Supreme Court in Jack Daniel’s Properties, Inc. v. VIP Products, LLC, No. 22-148, marking the Association’s fifth amicus brief in this long-running dispute. The case involves...
Monster Energy’s recent failed opposition over PREDATOR
The Japan Patent Office (JPO) dismissed an opposition claimed by Monster Energy Company against TM Reg no. 6471165 for the stylized PREDATOR mark in class 30 by finding dissimilarity of goods between ‘coffee, tea, cocoa’ and ‘carbonated beverages, energy drink’ in...
Huge leap in number of legal professionals with career concerns
LawCare, the mental health charity for legal professionals in the UK, today released new support statistics and its impact report LawCare's 2022 impact report shows that nearly a quarter (22%) of people contacting LawCare for support were primarily concerned about...
Mercedes Benz submits trademark applications to boost the brand in the metaverse
The automotive business Mercedes Benz is following the hype, moving towards the metaverse by filing trademark applications for ‘Mercedes Benz’, ‘Mercedes’, ‘S-Class’, ‘G-Class’, and ‘Maybach’ with the United States Patent and Trademark Office (USPTO) claiming, among...
Delhi High Court rules ‘Schezwan Chutney’ is a descriptive term, denies capital food injunction
The Delhi High Court has denied Capital Food Private Limited’s (‘Capital Food’) request for an interim injunction against Radiant Indus Chem Private Limited (‘Radiant Indus’) over the use of the term “Schezwan Chutney” for its products. The Court ruled that the mark...
Emily in Paris revealing lessons for personal name brand protection
Are there really IP lessons to learn from the glamorous adventures of a girl working at a marketing agency in Paris? Yes, yes there are! One of the joys of being a trademark lawyer is that the fruits of your labor can be seen on the high street, in magazines and all...
Harry Styles hits back at online counterfeiters with IP claim
Harry Styles, arguably one of the most recognizable names and faces in pop music, has taken legal action relating to a significant issue with the music industry. The music industry is an all-consuming one, in which followers of their favorite artist don’t stop with...
Gender disparity exists at all levels in Hong Kong’s legal sector, finds a survey jointly launched by Mayer Brown and Women in Law Hong Kong
Industry representatives call for collaborative effort to redress the gender imbalance Hong Kong, 12 January 2023 – Mayer Brown and Women In Law Hong Kong (WILHK) today announced the findings of a joint survey aimed at exploring gender biases in Hong Kong's legal...
A stripy situation – Adidas in dispute with Thom Browne
Adidas and luxury fashion brand Thom Browne are engaged in a jury trial over Thom Browne’s use of a four-stripe design on apparel and footwear. Adidas is seeking nearly $8 million in damages alleging Thom Browne’s use of its four-stripe design infringes and dilutes...
YEZDI Case highlights trademark ownership of a company under liquidation in India
The recent litigation over the iconic Indian trademark ‘Yezdi’ has brought legal issues related to ownership of a trademark by a company under liquidation to the limelight. ‘Yezdi’ bikes, manufactured by Ideal Jawa (India) Pvt. Ltd. (hereinafter referred to as “Ideal...
International Trademark Association opens registration for 2023 Annual Meeting Live+ in Singapore
New York, New York—January 11, 2023—The International Trademark Association (INTA) has officially opened registration for the 2023 Annual Meeting Live+. The gathering will be the Association’s 145th Annual Meeting, featuring an in-person event at Singapore’s renowned...
Local Minneapolis startup in a jam with Smucker’s over its crustless sandwich launch
A local Minneapolis startup company received a cease and desist letter from the J.M Smucker Company (Smucker’s) in December 2002, and the internet has erupted over this simple act. Even IP attorneys seem to have forgotten that trademark owners have an affirmative duty...
INTA Amicus Brief Says the U.S. Trademark Law Applies when Foreign Conduct Has a Substantial Impact in the U.S.
New York, New York—December 27, 2022—The International Trademark Association (INTA) filed an amicus brief in the United States Supreme Court in Abitron Austria GmbH v. Hetronic Int’l, Inc., No. 21-1043, urging the Court to adhere to its ruling in Steele v. Bulova...
Intellectual property in blockchain and e-gaming
Is your love for cats shackled by a fear of commitment? Dreams of adopting an eternal, one-of-a-kind cat have been fulfilled by Daper Lab Cryptokitties- a blockchain-based game, wherein all the cryptokittes are essentially NFTs(Non-Fungible Tokens). Gaming industry is...
Iceland Foods loses long-lasting trademark battle
Iceland Foods Limited recently lost a battle in the long lasting trademark war of the Icelands, retailer and country. By way of decisions on 15 December 2022, the Grand Board of Appeal of the European Union Intellectual Property Office (‘EUIPO’) rejected Iceland Foods...
Scent trademark registration
Technically, smell does classify as being one of the non-traditional trademarks under laws of few countries such as USA, UK, Australia, Canada, New Zealand, Korea, Peru, Colombia, France. The UAE trademarks law i.e., Federal Decree-Law No (36) of 2021, also provides...
Guns N’ Roses files suit against TEXAS GUNSANDROSES.COM
Rock band Guns N’ Roses filed a trademark infringement suit in a California federal district court against a Texas-based store that sells guns and rose flowers under the name Texas Guns and Roses (or, <Texas Guns and Roses.com>). See generally, Complaint, Guns...
Banksy isn’t monkeying around when it comes to EU trademarks
Background Pest Control Office Limited (the “EUTM proprietor”), on behalf of Banksy, sought to register the figurative mark of a monkey wearing a sign (figure 1) in a number of categories, including games, clothing and education. The mark was registered on 8 June...
Santa Claus’ suit causes problems for business
Santa Claus’ suit is protected as a registered community design. This may be a serious problem for business Why will this year’s Christmas be unexpectedly difficult for everybody profiting from Santa’s outfit? As it turns out, a Polish entrepreneur successfully...
Lidl v Tesco – the Court of Appeal clarifies what needs to be pleaded in a bad faith trademark invalidity action
In an important decision for trademark owners and practitioners, issued by the Court of Appeal on 2 November 2022 in Lidl Great Britain Ltd. v. Tesco Stores Ltd., Tesco has been permitted to continue to argue at trial that a wordless version of Lidl's logo was...
Be “Ye” transformed: is the alteration of Adidas Yeezy sneakers into “expressive works” an act of Jeen-yuhs or IP infringement?
After severing its wildly successful Adidas Yeezy partnership with artist and rapper Ye, formerly known as “Kanye West,” Adidas announced that it will no longer produce Yeezy branded products, including the popular Adidas Yeezy sneakers. Adidas has expressly stated...
New podcast takes listeners inside the professional lives and careers of global IP leaders and entrepreneurs
Talking IP is a new podcast for intellectual property (IP) professionals showcasing compelling conversations that take you inside the professional lives and careers of global IP leaders and entrepreneurs. Hosted by Australian Patent Attorney and IP Entrepreneur Justin...
Getting fleeced? Patagonia Inc. v. The Gap Stores, No. 22 cv 7437 (NDCA Nov. 22, 2022)
When does copying become intellectual property infringement? If you work with fashion brands or consumer products companies, the line between genuine inspiration and a lawsuit waiting to happen may be something you think about daily. A recent lawsuit filed by...
USPTO implements expedited office action response deadlines
As the end of 2022 approaches, important changes are coming to the trademark prosecution process before the United States Patent and Trademark Office (“USPTO”). Trademark practitioners and applicants must be aware of the new deadline, effective December 3, 2022, and...
Trademark exhaustion and parallel trade of pharmaceuticals in the UK: what next?
New report from Mewburn Ellis A new report released today emphasizes that pharmaceutical trademark holders will have to keep a close eye on developments in the UK trademark exhaustion regime, to ensure that they are taking all appropriate steps to protect their...
International Trademark Association releases Trademark and IP Toolkit for football organizations
The International Trademark Association (INTA) is celebrating the world’s most popular sporting event, the FIFA World Cup, with the release of its World Football Summit Trademark and IP Toolkit, a practical resource for football (soccer) organizations and brands to...
INTA Elects Jomarie Fredericks as 2023 President
The International Trademark Association (INTA) is pleased to announce the election of Jomarie Fredericks as the 2023 President of the Association and the Chair of its Board of Directors. Ms. Fredericks is Deputy General Counsel, Chief Intellectual Property and Brand...
Trademark ignorance is burning Elon Musk’s Twitter to the ground
More money more problems October 27, 202, Elon Musk finally acquired Twitter, for $44 billion. The price tag brings with it a desperate need to increase Twitters revenue. Like most of social media, Twitters main revenue stream is advertising. Despite his efforts Musk...
The Dior Saddle Bag – difficulties in registering a 3D shape as a trademark
Dior is the latest designer to struggle in the pursuit of a 3D shape trademark registration. In the recent decision: R 32/2022-2, the Appeal Board of the EUIPO upheld (in-part) the Examiner’s rejection of Dior’s trademark application to register the shape of its...
AI generated art – who owns the rights?
If you have not heard of OpenAI’s machine learning models DALL·E and DALL·E 2, the link is here: https://openai.com/dall-e-2/. It’s absolutely amazing, we would suggest you have a go before reading this article. The prompt “Hamster playing the violin out at sea by...
Deepfakes and intellectual property rights
The myriad of intellectual property issues arising from the creation and use of deepfakes recently came to prominence when Apple announced that it had obtained a US patent for a method for the creation of deepfakes. It showed that deepfake technology has come of age...
Transformation consultation – UK Government consults on modernising IPO’s services
The UK Government has launched a consultation on proposals for the legal changes needed to deliver the Intellectual Property Office’s ‘One IPO’ transformation programme. The proposed changes will update the law and remove legal barriers, allowing the IPO to be more...
Seeing red: Monster v Redbull
Background Two of the biggest players in the energy drinks game come head to head in this trademark dispute. As Monster Energy appealed a decision refusing Monster’s application to register the mark ‘Red Dawg’. At the original hearing Red Bull had opposed registration...
Pasternak v Prescott – a winning story
Lara Prescott has won the copyright case brought against her by Anna Pasternak in respect of Ms Pasternak’s book, Lara, with the Judge finding that copyright in Ms Pasternak’s book has not been infringed by Lara Prescott’s book, The Secrets We Kept (“TSWK”). Ms...
One of the largest Mexican food producers/distributors in the US wins trademark ruling
The case : Juanita’s Foods v. Dominguez Family Enterprises, Inc., CACD Case # 2:22-cv-06049-PA-PLA Miller Barondess, LLP represents plaintiff Juanita’s Foods, one of the largest Mexican food producers and distributors in the U.S. The company’s products are sold...
Parodies – To Be Or Not To Be?
Imitation is the highest form of flattery”, however, what about in the circumstances where the subject of a parody are trademark owners? Most often, trademark owners find it difficult to accept that it is a compliment. E.g., the case between Gucci v Cuggl 2022; Gucci...
The cold never bothered them anyway – revisiting the ‘ICELAND’ trademark dispute
Iceland the country and Iceland Foods Ltd (the supermarket specializing in frozen foods) have been engaged in a long running and well publicized dispute over their name. A new milestone was reached on 9 September when the Grand Board of the European Intellectual...
World Mental Health day, 10/10/22/:10 reasons to contact LawCare
As World Mental Health Day falls on the 10th day of the 10th month here are 10 reasons why you might consider reaching out to legal mental health charity LawCare for support. Everyone you'll speak to on the phone, email or online chat either works in, or has worked in...
Usain Bolt files a US trademark application for his signature ‘Lightning Bolt’ pose
Recently, Usain Bolt filed a US trademark application for his signature 'Lightning Bolt' pose, seeking protection for a large range of goods and services from the typical merchandising goods. This includes clothing, bags, jewellery and sunglasses, right through to the...
Full programme announced for Lawcare’s inaugural conference
Learn more about how to improve the culture in the law and how to make your legal organisation a happy and healthy place to work Legal mental health charity LawCare has announced the full line up of speakers for its online conference ‘Building a Better Life in the...
Maintaining your Caribbean trademarks with certainty
Whilst some countries in the Caribbean have an efficient trademark renewal process, for the most part renewals cannot be filed electronically and can be more time-consuming than brand owners and foreign trademark practitioners may expect based on their own local...
3D bottle shaped trademark: how colors may affect distinctiveness
The decision-making practice and approaches of EU institutions regarding the provision of legal protection to three-dimensional trademarks (3D trademarks) are not consistent and unambiguous when assessing the presence of a distinctive character of the product shape,...
Avoiding consumer confusion: IP and greenwashing
With climate change in the hearts and minds of people all over the world, now more than ever, consumers are conscious of making environmentally friendly decisions. The increased availability of eco-friendly and sustainable goods and services (or so-called ‘green’...
How to stop trademark lookalikes (and hypocrites)
It has been a good few months for unfair advantage claims, presenting opportunities for brand owners to decisively tackle lookalikes. Hoisting Lidl by their own petard Serial copycats Lidl are suing Tesco in the High Court for trademark infringement in respect of...
House of Zana wins against Zara in trademark battle
Retail giant, Zara, tried to get Darlington-based fashion boutique, House of Zana, which specializes in handmade kimonos, to change its name. Mrs Kotrri, whose husband is Albanian, set up her company in 2019 and named it after the Albanian word for "fairies", namely...
Is Quidditch being held back by a snitch?
Quidditch first appeared as a fictious sport in the JK Rowling novel Harry Potter and the Philosopher’s Stone, where it is played by wizards and witches riding magical flying broomsticks. It famously continued to feature in later Harry Potter books, as well as the...
Trademark use in non-fungible tokens (NFTs) and for virtual goods in the metaverse
Trademark use in non-fungible tokens (NFTs) and for virtual goods in the metaverse is increasing rapidly. Examples of growing trademark use in NFTs and the metaverse include the cases of Nike v StockX and the Hermès v MetaBirkins. By not extending their existing...
Damages or compensation. The choice to make for infringement in Russia
Protection of IP in Russia is often being discussed in the media nowadays and judging by the publications that one may see Russia tends to dismiss any rights vested in IP which is outright wrong. In the meantime, IP life goes on as usual and infringement is active as...
Consequences of Brexit on trademarks and designs
Just over six years ago, the United Kingdom voted to exit the European Union. With most of the provisions affecting the protection and enforcement of Intellectual Property settled, now is a good time to reflect on the impact on brand owners and the future...
From Flintstones to Jetsons: the principle of territoriality in digital era
In a digitally connected world, a byte of data can boost or bite your brand -Bernard Kelvin Clive Introduction: Objectives and Rights under the Trademark Regime “What’s in a name?” the famous Shakespeare quote is, perhaps, the most widely cited piece of literature...
Let’s hope you have registered your trademark in China before someone else did
Imagine your business is thriving and new opportunities are opening globally. You think about expanding to other big markets like China and therefore you want to register your trademark on the new market. The moment you file your trademark you are being sued by a...
A look inside the Carbone infringement litigation
“What's in a name? That which we call a rose, by any other name, would smell as sweet.” While William Shakespeare may have been of the opinion that the naming of things is irrelevant, trademark lawyers take a very different view. In fact, recently filed trademark...
EnCirca launches industry-first Web3 solution to help companies protect their brand on the blockchain
EnCirca's AltRoots Trademark Search Engine Helps Brands Monitor and Secure Decentralized Web and Metaverse Domains July 14, 2022- BOSTON, MA - EnCirca, a 20-year ICANN-accredited domain name registrar, today introduced AltRoots (www.AltRoots.com), the industry’s...
How Wimbledon Tennis trademarked its signature colors
The end of June marked the return of one of the most important events in the sporting calendar and one of the most iconic tennis tournaments in the world: Wimbledon. The All England Lawn Tennis Club (the “Club”) has owned multiple registered trademarks for the...
Can the word “The” be trademarked?
Back in 2011, The Ohio State University failed to trademark the word [1]" the," with the U.S. Patent and Trademark Office. Court held, “In order for a trademark to be registered for a brand of clothing, the trademark must be used in a trademark fashion. In other...
INTA proposes clear definition for when courts should apply the rogers analysis
The International Trademark Association (INTA) has filed an amicus brief in the United States Court of Appeals for the Second Circuit in Vans, Inc., VF Outdoors LLC v. MSCHF Product Studio, Inc., 22-606-cv (2d Cir.). In its brief, INTA proposes that the deferential...
Clarivate Top 100 New Brands Report reveals trends and hotspots in rapidly evolving global brand landscape
From TikTok to Comirnaty - Software, media, fintech and finance; luxury, fashion, sports; and pharmaceutical brands comprise nearly half the list with 15 brands each, Clarivate Top 100 New Brands Report reveals Clarivate Plc (NYSE: CLVT), a global leader in providing...
Ambush marketing: the risks of associating with the Birmingham 2022 Commonwealth Games
With just over a month to the 2022 Commonwealth Games in Birmingham, advertising agencies, along with local and global businesses, will be thinking of innovative ways to increase their global exposure through associating with the Commonwealth Games. Whilst the hosting...
IP boost to UK AI developers as Government decides to allow machine learning from copyrighted datasets
Using UK copyrighted datasets to train AI will not amount to copyright infringement The UK Government's announcement on its approach to data mining and intellectual property is likely to provide a boost to innovation in AI, says leading intellectual property law firm...
Mewburn Ellis announces firmwide menopause policy
IP firm launches comprehensive set of measures to encourage discussion and support colleagues experiencing the menopause with firmwide menopause policy European IP firm Mewburn Ellis has launched a firmwide menopause policy to encourage discussion around, and support...
Trademark Administrators and Practitioners Meeting to Provide Professional Development, Practical Skills
The International Trademark Association (INTA) will be holding its Trademark Administrators and Practitioners (TMAP) Meeting in Arlington, Virginia from September 11 to 13, providing hundreds of trademark administrators, paralegals, young practitioners, and...
Winners of the 2022 ACG Awards for Excellence Announced
The Anti-Counterfeiting Group (ACG) has announced the winners of the 2022 ACG Awards for Excellence in Anti-Counterfeiting Enforcement at an event hosted by Phil Lewis, Director General at the ACG at the Chartered Trading Standards Institute (CTSI) Conference in...
Young Europeans buy more fake products and continue to access pirated content – EUIPO reports
More than half (52 %) of Europeans surveyed aged between15 and 24 said they had bought at least one fake product online over the past year, both intentionally or by accident, and a third (33 %) said they had accessed digital content from illegal sources. Looking at...
INTA files amicus brief on contrariety to accepted principles of morality as an absolute ground for refusal and the role of freedom of speech
The International Trademark Association (INTA) has filed an amicus brief before the Grand Board of Appeal (GBoA) of the European Intellectual Property Office (EUIPO) in Matthias Zirnsack vs. EUIPO, Case R-260/2021-G, concerning the registrability of the figurative...
Pokemon stands up for himself – Vladimir Biriulin reports
April 2022. The events in the Ukraine are widely discussed everywhere. In the meantime, life of intellectual property and its enforcement continues. On April 27, 2022, commercial court in the Russian Far East handed down a judgment against the infringer. It bore a...
A (PLANT-BASED) BEEF
A beef arose in April 2022 when Vegadelphia, a plant-based food company out of Philadelphia, recently sued Dunkin’ and Beyond Meat claiming infringement of its federally registered trademark WHERE GREAT TASTE IS PLANT-BASED. The dispute arose when Dunkin’ used GREAT...
Indian High Court grants Burger King injunction to ward off trademark infringements and fraud
Burger King recently approached an Indian High Court with a trademark infringement suit seeking ex parte ad interim injunction against misuse of its famous marks through unauthorised registration of domain names. The Delhi High Court granted the injunction in May 2022...
Number of UK trademark disputes more than doubles to record high as Brexit triggers intellectual property battles
More businesses forced to defend IP as trademark applications surge McDonald’s, Amazon, MasterChef all involved in UK disputes over brands The number of oppositions to UK trademark applications has more than doubled to a record high of 8,026 in 2021, up from 3,584 in...
Nike v StockX – Emanuela Bianco reports
Melanie Saubin, director at The Future Today Institute in New York City, predicts that by 2030 “a large proportion of people will be in the metaverse in some way”. Gartner, a research company, relaunches stating that a quarter of people will spend at least an hour a...
LawCare extends online chat service
Legal mental health charity LawCare has extended its online chat service for legal professionals from one to four days a week. The charity, which offers free, confidential, emotional support to anyone working in the law, has been operating a helpline and peer support...
The different relevance of well-known facts for trademark registration between EUIPO and the Italian Patent and Trademark Office
On January 14th, 2022, the EUIPO’s Opposition Division (hereinafter “the Office”) rejected the opposition filed by Louis Vuitton Malletier (hereinafter “Louis Vuitton”) based on Arts. 8(1) and 8(2) of the EUTMR[1] against the registration of the figurative European...
International Trademark Association to Head to Singapore for 2023 Annual Meeting
The International Trademark Association (INTA) has announced that it will hold its 145th Annual Meeting—the world’s largest event for brand owners and intellectual property professionals—in Singapore from May 16 to 20, 2023. This marks the second time INTA will be...
Charles Russell Speechlys advises Symphony Holdings Limited on the sale of its PONY trademark portfolio for USD $28 million
Charles Russell Speechlys have advised Symphony Holdings Limited, an investment holding company listed on the HK Stock Exchange, on the sale of its trademark portfolio of international footwear brand, PONY, in the Non-APAC region to Iconix Brand Group. The Firm also...
Trademark makes sense for Harry and Meghan podcast
One of the UK’s leading trademark specialists says Prince Harry and Meghan Markle’s bid to trademark the word ‘archetypes’ after deciding to use it as the title for a new Spotify podcast makes ‘very good commercial sense’. Kate Cheney, the director of trademarks at...
New Clarivate Report reveals dynamic global trademark landscape, with Metaverse and NFT trends increasingly driving trademark filing activity
Technological advances in the virtual world continue to impact how Intellectual Property is created, managed and protected London, U.K., May 3, 2022 – Clarivate Plc (NYSE:CLVT), a global leader in providing trusted information and insights to accelerate the pace of...
International Trademark Association Releases Report on the Taxation of Trademarks and Complementary Rights in Europe
The International Trademark Association (INTA) today released its Report on the Taxation of Trademarks and Complementary Rights in Europe. Focused on the tax implications within the trademark lifecycle in the European Union, the United Kingdom, and Switzerland, the...
The value of peer support
We all know the phrases ‘a problem shared is a problem halved’ or ‘it’s good to talk’ but the benefits in talking about how you are feeling go far beyond this. When we are in a difficult situation we lose our problem-solving abilities, it can be impossible to focus...
Mental Health Awareness Week – Loneliness
Humans are hard-wired to connect - we are tribal and social animals. We are biologically programmed to need other humans, and a feeling of belonging and connection drives our happiness. Despite this many of us will know what it’s like to be lonely, especially after...
The Magic of the ‘MOMENT’
In a clash between Magic Moment and Evening Moment, the Hon’ble High Court of Delhi has passed an injunction order against Sarao Distillery (OPC) Pvt. Ltd & and Greentech Blenders and Distillers (“Sarao Distillery & Anr.”) forcing them to stop selling its own...
INTA Files Amicus Brief on application of Rogers analysis to commercial goods
The International Trademark Association (INTA) has filed an amicus brief in the United States Court of Appeals for the Ninth Circuit in VIP Products, LLC v. Jack Daniel’s Properties, Inc., No. 21-16969, marking the Association’s third amicus brief in this long-running...
Most GB 16–25-year-olds unsure of their Intellectual Property (IP) rights over their creations
New research by forward-looking IP firm Mewburn Ellis in conjunction with YouGov, indicates that a majority of 16-25-year-olds in Britain lack confidence in their knowledge of their intellectual property (IP) rights. The research, based on a survey of 212 British...
World IP Day, 2022
This year, World IP Day focuses on “IP and Youth: Innovation for a Better Future”. In a post-COVID-19 era driven by the growth and encompassment of technology, many aspects of innovation are changing. To mark the occasion, we asked our editorial board to reflect on...
Tokyo District Court’s decision on Louboutin’s red soles shoes
The main essence of a trademark is its ability to distinguish the goods and services of one person from the other. A trademark could be made up of a word, a logo, a combination of these two, a slogan, a color…anything that could be able to clearly distinguish the...
IP Professionals’ Brand New Initiative to Benefit Ukraine
When the Russian invasion of Ukraine began, Taras Kulbaba—a Ukrainian-born IP attorney living in Brussels—could not sit idly by. He gathered resources from his friends and colleagues, purchased first-aid and medical supplies, and personally drove the kits over a...
New CITMA President elected
Rachel Wilkinson-Duffy has been elected as The Chartered Institute of Trade Mark Attorney’s (CITMA) President. Rachel, who is a partner at Baker McKenzie, begins her two-year term in the role immediately. She was voted in unanimously by CITMA’s Council and succeeds...
Red Bull’s wings clipped by Indian Court in trademark row
Red Bull suffered defeat in a recent trademark case before the Delhi High Court when they attempted to seek an injunction against PepsiCo India and its energy drink “STING” for alleged infringement and passing off. Red Bull’s application was based on the purported...
UK fashion trademarks owned by online fast fashion houses jump 163% in last five years
E-retailers boosting their portfolios with household names including Topshop Leading fast fashion brands evolving into fully-fledged fashion houses The number of trademarks owned by online fast fashion retailers such as Asos, Boohoo and Shein has increased by 163%...
Ed Sheeran shapes up to win High Court copyright dispute
Not for the first time in his illustrious career, Ed Sheeran has been forced to swap the creative environment of a recording studio for the rather sterner surrounds of a courtroom. In the most recent edition of copyright claims against the international pop star, his...
UK legal consultants growing at three times the rate of law firms
Consultant lawyer numbers growing at a CAGR of 21%, compared to just 7% for mid-market law firms Consultant revenues have grown at a rate of 26% per year compared to 10% for the legal mid-market and 5% across the whole sector Arden Partners say the figures provide an...
Pejorative Trademarks – Can you imagine yourself driving a car called “bad luck”?
Pejorative trademarks are distinctive signs that have a negative or unfavorable conceptual content. Some of these signs could be registered because they do not fall within the prohibitions that trademark laws around the world normally contain, such as those words that...
Volkswagen blocks registration of an EU trademark with the image of its van
An interesting decision of the Board of Appeals of the EUIPO of December 15, 2021 (Volkswagen Aktiengesellschaft / Pinball Factory GmbH). It denies registration of a figurative EU Trademark that includes a representation of a van that is similar to the VOLKSWAGEN...
International Trademark Association Annual Meeting registration keeps climbing
The International Trademark Association (INTA) hit a milestone on March 22nd for its 2022 Annual Meeting Live+, with more than 5,000 brand owners and intellectual property (IP) professionals from around the world registered to date for the event, taking place April 30...
Non-traditional trademarks: the new normal?
New report from Mewburn Ellis Forward-looking IP firm Mewburn Ellis has released a new report looking at the rise of non-traditional trademarks, including shape, color and position marks. The report examines the vital role that such trademarks can play in a brand...
One month to go to the INTA Annual Meeting 2022! An interview on what to expect with CEO Etienne Sanz de Acedo
Faye Waterford, CTC Legal Media Editor: Myself and my colleagues are very excited for the next month to fly past so that we can all meet again. So, 2022 marks the return for INTA’s annual meeting that features a fully in person event, why is this the right time for us...
The strategic partner of Rouse, Lusheng wins landmark IP victories for Spin Master in China
Lusheng, a strategic partner of Rouse, has announced several landmark case wins for leading global children's entertainment company Spin Master. The victories are a positive sign of China’s commitment to tackle counterfeiting and IP infringement in the toy industry....
Love at First Swipe Decision: Match fail to effectively monopolise the term SWIPE for dating apps and services
The case revolved around an opposition action before the UK Intellectual Property Office filed on 27 March 2019 by Match Group LLC against a UK Trade Mark Application filed for “LOVE AT FIRST SWIPE” in relation to a range of goods and services, including computer and...
ECTA 40TH ANNUAL CONFERENCE – EARLY BIRD REGISTRATION LAUNCHED TODAY
Today, ECTA has launched the Early Bird Registration for the ECTA 40th Annual Conference ‘Designing the Future’ to be held in Copenhagen from 15-18 June 2022! The Trademark Lawyer Magazine is Media Partner of the event. REGISTER HERE by 21 April to get the Early Bird...