The Trademark Lawyer

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...

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...

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 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...

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%...

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...

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 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...

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...

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...

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...

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...

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....

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...

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...

Entertainment One UK Limited, the British company that owns trademarks and copyright to infamous Peppa Pig, filed a claim with the Commercial Court of Kirov Region (Russia) against individual entrepreneur Ivan Vladimirovich Kozhevnikov for violation of the company’s...

Director General of the Anti-Counterfeit Group, Phil Lewis reflects that during the height of the pandemic, criminal networks made huge profits from counterfeiting and used the money to feed other forms of criminal activity. The latest Intellectual Property Crime...

United States Copyright Office’s Copyright Review Board rejected Steven Thaler’s second request to register a two-dimensional artwork named “A recent entrance to paradise” in a recent decision. Briefly, the board said that only a human can author a copyrighted work...

What do you think when you hear the word Metaverse? A parallel world, virtual reality or maybe it's something very futuristic or something kids do. I even once heard someone say, “It’s a fake world where you can buy stuff that gets delivered in the real world”. The...

Samsung filed a lawsuit against its former VP of Intellectual Property in Texas on 10 February 2022 alleging the illegal use of trade secrets by its former executive. Samsung filed the suit with the U.S. district court in Texas. Yet another trade secret dispute you...

This judgment concerns a three-fold application by the Defendants (together “KnitPro”) brought in the context of a long running trademark dispute relating to knitting needles. Background In 2013 the US-based Claimant’s predecessor began invalidity proceedings at the...

As the International Trademark Association (INTA) prepares to hold its first full-scale in-person event in nearly three years, more than 2,500 brand owners and intellectual property professionals from more than 100 countries have already registered for the 2022 Annual...

In times like this, the Beijing 2022 Olympic Winter Games came to many, like a breath of fresh air, celebrating the elite of the sports world, the city of Beijing and China, and, in extenso, the whole of Chinese culture. The Olympic Games are spectacular indeed, both...

Anaqua selected to provide Oblon, full-service IP law firm, with intellectual asset management solutions Anaqua, the leading provider of innovation and intellectual property management technology, recently announced that leading IP law firm Oblon, McClelland, Maier...

A new lawsuit involving Non-Fungible Tokens (NFTs)1 has hit the trademark litigation world. Renowned sports shoemaker Nike has sued StockX2 for using its famous trademarks to mint NFTs at a highly inflated rate without Nike’s consent. StockX is a Detroit based...

Effective immediately, Ricardo Fonseca de Pinho, based in Rio de Janeiro, becomes a new Senior Partner and Head of the Litigation Department at renowned IP Law Firm Luiz Leonardos & Advogados Luiz Leonardos & Advogados welcomes Ricardo Pinho, well-known...

Before the music-streaming giant Spotify found itself in the news for less pleasant reasons, it scored an important win before the U.S. Trademark Trial and Appeal Board last month. The Board sustained Spotify’s oppositions to trademark applications filed to register...

German luxury brand Hugo Boss is having an identity crisis/rethink and is diverging into two brands, BOSS and HUGO, complete with two new logos. BOSS will be aimed at the millennial market, aged 25-40, while HUGO will target Gen Z, aged under 25. Is this a strategic...

The question: The recent decision by the General Court in the so-called Moon Boot case (General Court 19 January 2022, Tecnica Group vs. EUIPO, T 483/20)  raises once again the question whether it is worth protecting shapes as a trademark within the EU, because the...

Hot on the heels of Colin v. Cuthbert the Caterpillar and “Glitter Globe Gin Gate”, M&S has kindly (if unintentionally) provided us with yet another brilliant case study in the world of Food & Drink copycats. Just when we were getting used to M&S being the...

In a recent decision of the US District Court for the Eastern District of Virginia, Alexandria Division, it was ruled that Gruyere cheese does not have to come from the Gruyere region, a canton of Fribourg, Switzerland – where Gruyere cheese has been produced...

ADGM chosen as the ideal platform for growth across emerging markets Gulf Capital, a leading thematic alternative investment firm in the GCC and Asia, recently announced that its portfolio company, Cedar White Bradley (CWB) Legal Limited, has opened its new...

Alt Legal, a leading provider of automated trademark docketing software to over 1,000 global organizations, announced its acquisition of Towergate Informatics’s §2(d) Citation Watch business. With this acquisition, customers of Towergate’s §2(d) Citation Watch will...

Womble Bond Dickinson announced that Fabio E. Marino, a leading intellectual property lead trial lawyer, has joined the Silicon Valley office as a partner in the Patent Prosecution and Litigation Group. Marino tries high-stakes patent, trade secrets, and copyright...

Forresters is pleased to announce the appointment of Tas Quayum as chief operating officer. Tas has been hired by Forresters as part of its commitment for growth, which includes streamlining processes and increasing collaboration across each of the firm’s teams and...

"With the rise in popularity of NFTs, it is expected that we will see a number of trademark, design and copyright infringements and passing off claims, as well as the spending of significant sums of money on potentially worthless purchases. In this case, Spice DAO...

Number of sole practitioners has dropped by 5% in the past six months alone  A rise in professional indemnity insurance  (“PII”) premiums is driving independent legal practitioners to become consultants for larger firms in increasing numbers, according to Taylor Rose...

Washington, D.C. - Sterne, Kessler, Goldstein & Fox is proud to announce the election of four new directors: Tyler J. Dutton, Ivy Clarice Estoesta, Michael “Mick” F. Gross, Ph.D., and Kristina Caggiano Kelly, effective January 1, 2022. Additionally, the firm...

The EAEU trademark Treaty that introduces a new regional trademark and appellations of origin protection system was signed in Moscow on February 3, 2020 by five member-states of the EAEU: Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia. The Treaty governs legal...

Robert Reading, Head of Content Strategy at Clarivate: “In the trademark space we see two interesting trends developing in 2022. Firstly, trademark filing activity has been setting records around the world each year since 2010 driven in particular by domestic growth...

WASHINGTON, DC—Finnegan is pleased to announce the elevation of six new partners and welcomes two partners to the newly opened Munich office. Their practices cover the intellectual property law spectrum, worldwide. This includes patent, trademark, copyright, and trade...

In an era of technology, fourth industrial revolution (4IR) and digitization, it's been said that the internet has given users a voice so much so that geographical location is not a hinderance for communication, networking and building empires. Intellectual property...

The International Trademark Association (INTA) filed an amicus brief before the Court of Justice of the European Union (CJEU) on December 2, in Monz Handelsgesellschaft lnternational mbH & Co. KG v. Büchel GmbH & Co. Fahrzeugtechnik KG, Case C-472/21. The case...

In a first-of-its-kind event, the International Trademark Association and the Court of Justice of the Andean Community (Tribunal de Justicia de la Comunidad Andina [TJCA]) concluded their inaugural Moot Court Competition for law school students. Students from...

‘You belong with me’ sang Taylor Swift in 2009 on her second studio album Fearless. But in a bitter twist of copyright law, Swift’s Billboard-topping hit and her early back catalogue does not belong to her but to external investors. In a move that is ‘sweeter than...

Brand IP and analytics from Clarivate shed new light on the luxury brands sector; brands are growing their presence in non-traditional sectors and adapting to a new generation of consumers Clarivate Plc (NYSE:CLVT), a global leader in providing trusted information and...

What this new status means for the iconic dish and how can “Paella” name be protected against misleading uses. Paella – the iconic Valencian rice dish made with fish, meat or vegetables – has been officially recognised for its cultural importance. In October, the...

The International Trademark Association (INTA) is pleased to announce the election of Zeeger Vink as the 2022 President of the Association and the Chair of its Board of Directors. Mr. Vink is intellectual property director at MF Brands Group, the Swiss group that owns...

The International Trademark Association (INTA) has officially announced its 2022–2025 Strategic Plan, which will guide all Association initiatives over the next four years. The Plan builds on INTA’s progress in recent years in expanding its substantive and geographic...

The National Markets Group for IP Protection (NMG), a multi-agency focus group aimed at reducing the availability of counterfeit goods at physical markets and online, is warning consumers to watch out for fake, and potentially dangerous goods, that may appear on...

In a ground-breaking academic article, GeneriTrend Founder, Dr Cameron Shackell, points out a new type of genericness in trademarks involved in internet search. Dr Shackell first reminds us that the trademark system exists to reduce search cost in the economy. He then...

The International Trademark Association (INTA) has announced that it will be holding its 2022 Annual Meeting in Washington, D.C., April 30 to May 4—returning to an in-person format for the first time in more than two years. Unlike past in-person Annual Meetings, the...

Tina Turner is suing a German tribute act because she looks too much like the real thing. The case is unlikely to keep tribute acts off the UK stage, says media, entertainment and intellectual property lawyers Collyer Bristow. Howard Ricklow, Partner, Collyer Bristow...

Social media giant, Facebook, is heading for a high-profile dispute over intellectual property rights, after announcing plans to rebrand its business using the name ‘Meta’.  It seems the social media giant was unaware that an Arizona-based retailer, Meta PCs, which...

Global law firm Dentons recently announced the recruitment of Federico Fusco as a partner in the Intellectual Property and Technology (IP&T) practice in the Milan office. In his new role, he will be responsible for developing patent litigation in all sectors, with...

Wedlake Bell is delighted to announce that Emilia Petrossian has been appointed as a Trademark Attorney within the firm’s IP & Commercial group. Emilia joined Wedlake Bell as a Trainee Trademark Attorney in August 2021 and qualified as a Trademark Attorney in...

The English Court has again shown its flexibility and strength in granting a blocking order against 123movies and other websites. A number of the world’s most well-known studios, including Disney Enterprises Inc, Netflix Studios LLC and Columbia Pictures Industries...

Dave Holt and Georgia Carr, litigation and licensing specialists at European IP law firm, Potter Clarkson The ASA has ruled that Brewdog’s social media posts claiming competition winners would receive a “solid” gold beer can were misleading. The posts in question...

The International Trademark Association (INTA) this week revealed additional experts from the trademark, entertainment, restaurant, and other fields who will present at its 2021 Annual Meeting Virtual+ on November 15 to 19. The lineup includes big-name Capsule Keynote...

Background to the case. On August 23 2017, Mr Wai Leong Wong (WONG) filed an application to register the trademark GT RACING in the EU in Class 18 which included leather and imitations of leather and goods made of these materials, namely leather bags, cases, holdalls,...

LONDON – Lewis Silkin recently announced the appointment of Nick Allan as a legal director to lead the firm’s growing practice in interactive entertainment. Nick is a specialist in computer and video games, especially in commercial transactions in the industry,...

The International Trademark Association (INTA) recently filed an amicus brief before the U.S. Supreme Court in Sulzer Mixpac AG v. A&N Trading Co., No.21-417, a case concerning the protection of product features as trademarks and the proper test for determining...

Global law firm K&L Gates LLP has added Chris Graff as a partner in the intellectual property (IP) procurement and portfolio management practice. Graff joins the firm’s Austin office from IP firm Pirkey Barber PLLC. Graff focuses on the areas of trademarks, brand...

The Anti-Counterfeiting Group (ACG) welcomes Amazon’s commitment in their new Policy Position Paper This week, Amazon published a “Policy Position Paper” setting out its commitment to address the marketing and sales of counterfeit products across its platforms....

On the 18th of May 2021 the Polish Supreme Court ruled on a very ambiguous issue concerning the calculation of the limitation period for non-pecuniary claims in trademark matters (III CZP 47/19). The Court ruled that if the infringement of an EU trademark is...

Rosie Burbidge, Intellectual Property Partner at law firm gunnercooke, has advised Diotima&Co. Limited on a complaint to the ASA regarding misleading advertising of diamonds. The challenge was made by Diotima&Co. against Kinetique Limited, trading as Ethica...

Earlier last month, Amster Rothstein & Ebenstein LLP, a full-service, New York-based intellectual property law firm, has expanded its practice by adding a group of professionals from the prominent intellectual property boutique Cooper & Dunham LLP. The group...

Denise Lee Yohn, a brand leadership expert and influential author, will be the keynote speaker at the International Trademark Association (INTA) 2021 Annual Meeting Virtual+ on November 15 to 19—the world’s largest event for brand owners and intellectual property...

Nazca is associating with the CEO, Juan Julián León, and the Corporate General Manager, Fernando Ruiz de Assín, who will spearhead the growth plan and continue the international expansion of both companies. SHIP Global IP has announced that the private equity firm...

The International Trademark Association (INTA) is pleased to announce that Wanhuida Intellectual Property, Beijing, China, has signed on as the Association’s first-ever Strategic Sponsor. The strategic sponsorship focuses on enforcement and anticounterfeiting, key...

Boutique law firm White & Black has appointed Tom Carver as a partner and head of IP. Tom brings 15 years of experience advising international clients within top intellectual property practices, including 3 years as head of office for an international law firm in...

The Covid 19 outbreak has brought significant challenges to fashion brands and the IP attorneys who advise them. China´s decision to close factories in 2020 caused closures of many companies without alternative supply chains. Fashion brands faced unexpected...

Buenos Aires, September 8, 2021 - Great Place to Work®, an international authority on organizational culture, included OJAM BULLRICH FLANZBAUM in position #6 on the ranking of “Companies that Care 2021”, being the only firm in the legal field recognized within all...

INTA’s Unfair Competition Committee (UCC), Policy Subcommittee, recently published a quick guide to unfair competition laws around the world, revealing that all countries surveyed prohibit various forms of unfair competition although the national statutes or governing...

Greensfelder, Hemker & Gale, P.C. is pleased to announce that Jared E. Hedman has joined the firm as counsel in its Intellectual Property practice group. Hedman, a talented litigator with an engineering technology background, complements the IP group’s focus on...

Leading IP management software firm recognized for achievements  in gender diversity, ethics, and sustainability  Anaqua, the leading innovation and intellectual property management technology provider, has been recognized for its achievements in Environmental, Social...

As changes in the law, technology, the economy, and conditions related to the pandemic continue to impact brands and the legal profession, the International Trademark Association (INTA) will address how brands can adapt, thrive, and stay resilient, at its 2021 Brand...

Flavia Stefura, Senior Associate, MPR Partners It is now 40 years since Princess Diana’s wedding dress, often dubbed the ‘most closely guarded secret in fashion history’, first made its appearance on the steps of St Paul’s Cathedral. The ivory silk-taffeta gown with...

Murgitroyd, the global intellectual property company, is maintaining its international expansion strategy with the acquisition of Hanna Moore + Curley (HMC), one of Ireland’s leading European patent and trade mark attorney firms. Dublin-headquartered HMC, which...

Number of sole practitioners has dropped by 47% in the past decade and the number of partnerships by 39% Number of incorporated firms now make up 51% of regulated practices, up from 22% a decade ago Arden says the impact of Covid will accelerate the consolidation of...

With reams of sensitive personal data and transactions that involve large sums of money, the legal sector is undeniably a massive target for cyber crime.  Cyber enabled crime continues to rise in both scale and complexity, with criminals taking advantage of the...

Yvette Spring, Managing Attorney CTMA of Stratagem IPM reports The smart shoe is back! Sorry … what is a smart shoe? While following the Puma v Nike dispute over the trade mark FOOTWARE, we discovered that smart shoes have actually been around for a while. In fact,...

The International Trademark Association (INTA) filed an amicus brief earlier this week before the Court of Justice of European Union (CJEU) in Meering Touringcars Amsterdam B.V. v. V.O.F. Classic Coach Company (CJEU Case C-112/21), concerning the co-existence of...

FMCG brands ITC Limited and Britannia Industries Limited recently called off their year long legal battle. The Delhi High Court was brought forth that ITC Limited have modified their packaging of the products “SUNFEAST FARMLITE 5-SEED DIGESTIVE” and ‘SUNFEAST FARMLITE...

Maria Koval, Head of IP, IT and Data protection practices at PwC Legal Ukraine The sound of an opening drinks cannot be protected as a trademark according to the European Court. We all know the examples of sound trademarks, for instance, the MGM lion roar, or Netflix...

MARQUES Chair Joachim Hofmann introduces the 35th MARQUES Annual Conference, which will be held in a unique hybrid format in September this year. This year’s MARQUES Annual Conference is taking place as a hybrid event in September 2021, meaning it will be the first...

Moses & Singer LLP is pleased to announce the arrival of Milton Springut as a partner in its Intellectual Property practice. His longtime colleague Caroline Boehm also joins as special counsel. Springut brings more than 25 years of experience in all aspects of IP...

Mark Nichols, trademark solicitor at European IP law firm, Potter Clarkson, reviews the implications for brand owners arising from the latest ruling in the long-running Sky v SkyKick trademark infringement case. Back in 2018, the High Court handed down its first...

Oatly had claimed that the farm’s product, PureOaty, was too similar to its own, in both name and packaging design. In its defence, Glebe Farm Foods argued that the brand name of its oat milk product and its packaging design featured generic terms and imagery, and...

Holding Company of Japan’s leading internet service business groups selects Anaqua software and services to strengthen patent and trademark management, budgeting, and licensing processes BOSTON, August 4, 2021 – Anaqua, the leading innovation and intellectual property...

AIPPI is pleased to announce that Judith Willert joined the association as its new Executive Director on 1 August 2021. Judith has extensive experience in the corporate world, specializing in global project management. She is experienced in managing change and...

On July 2, 2021, President Putin signed a law 345-Ф3 “On Making Amendments to the Federal Law On State Regulation of Production and Circulation of Ethyl Alcohol, Alcoholic Products and on Curbing Consumption (Drinking) of Alcoholic Products”. This law changes the...

Last 14 July, very day of the French “Bastille day”, the General Court of the European Union issued a ruling which, if not “revolutionary”, seems to open a breach in the fortress built by the European Union Intellectual Property Office (“EUIPO”) practice around...

Alt Legal, Inc., an award-winning IP docketing software company, will host its second annual virtual trademark conference, Alt Legal Connect, on September 13-15, 2021. Over 300 trademark professionals attended last year’s conference and consistently described it as...

Enrico Bonadio (City, University of London) – Magali Contardi (University of Alicante) In July 2021 Russian President Vladimir Putin signed an amendment to a federal law reserving the use of the Russian term for champagne – Шампанское (shampanskoye) – to sparkling...

(CHICAGO) Katten recently announced  the changes in leadership of several firm practice areas as part of its periodic rotations done to share leadership opportunities and responsibilities within the firm. “Our new practice heads are outstanding individuals who will...

The International Trademark Association (INTA) this week opened registration for its 2021 Annual Meeting Virtual+—the world’s largest event for brand owners and professionals that takes on a unique hybrid format this year. Set for November 15 to 19, it will feature...

The International Trademark Association (INTA) has filed an amicus brief before the Grand Board of Appeal (GBoA) of the European Union Intellectual Property Office (EUIPO) in two parallel cases related to the registrability of country names or other geographical names...

Supreme Court unshackles college athletes from anti-competitive NCAA rules; allows monetization of name, image and likeness Troy, Mich.—July 12, 2021—On June 21, 2021, the Supreme Court of the United States in National Collegiate Athletic Assoc. v. Alston unanimously...

Reducing manual data entry efforts to help customers save time and increase data quality Clarivate Plc (NYSE:CLVT), a global leader in providing trusted information and insights to accelerate the pace of innovation, recently announced the integration of its trademark...

State of innovation in electric vehicles, design challenges and opportunities uncovered by combining the power of unified IP with global research data insights Clarivate Plc (NYSE:CLVT), a global leader in providing trusted information and insights to accelerate the...

By Tom Sharman, Partner and Rob McLaughlin, Assistant at Reddie & Grose LLP, a firm of patent and trademark attorneys. Smiley Miley, Inc. (‘SMI’), owned by American singer Miley Cyrus, has won a six year battle to register the trademark MILEY CYRUS in the EU.  The...

Clarivate Plc (NYSE:CLVT), a global leader in providing trusted information and insights to accelerate the pace of innovation, this week announced important changes to its senior leadership team and is pleased to welcome two new executives to the company.  Steen...

International law firm Taylor Wessing expands with the launch of an exclusive relationship with a specialist trade mark and IP agency in China. With international firms restricted from practicing Chinese law, a distinct legal entity has been established and permitted...

New York, New York, June 30, 2021—The International Trademark Association (INTA) has filed an amicus brief before the European Court of Justice (CJEU) in support of the validity and enforceability of so called “non-challenge” clauses in trademark-related private...

Rihanna’s popular lingerie brand Savage x Fenty has been accused of trademark infringement by the competitor underwear brand Adore Me, claiming Rihanna’s brand is “confusingly similar” to that of their own. 10-year-old brand Adore me, which sells lingerie, sleepwear...