Listening in on an EU perspective: Bruno Mars v. Miley Cyrus (Flowers)
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...
Battle of the brands: Easyfundraising v. EasyGroup
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...
Securing trademark for Yusuf Dikec’s iconic Olympic pose: evaluating its effectiveness
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...
A Seven Nation Army couldn’t hold back the mounting music licensing issues of the Trump Campaign
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....
Fraudster files a domain complaint against the real domain owner
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...
Qatar joins the Madrid System: what does this mean for trademark owners?
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...
Bermuda’s revamped trademark law to take effect on January 1, 2025
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...
INTA files amicus brief urging Supreme Court to clarify limits on disgorgement of profits under Lanham Act
New York, New York—September 12, 2024—The International Trademark Association (INTA) has filed an amicus brief before the US Supreme Court in Dewberry Group Inc. v. Dewberry Engineers, Inc., No. 23-900. The case addresses whether an award of “defendant’s profits” can...
Trademark protection isn’t always EASY
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...
Indian sitcom protects its IP: reimagining IP and personality rights in the digital era
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...
The rise of “dupe” culture: designers struggle to protect their designs
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...
CITMA set to launch new net zero initiative to accelerate the IP profession towards a sustainable future
To ensure sustainability remains a priority for the IP legal profession, the Chartered Institute of Trade Mark Attorneys (CITMA) is set to launch a net zero pledge for firms and organizations operating within the IP legal sector to sign. The ultimate goal is for the...
Vans and MSCHF settle dispute of unauthorized shoe parody
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...
India’s Burger King battle: a cautionary tale for global brands
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...
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UKIPO issues new Civil Procedure Rules guidance
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...
HGF launches forward-thinking and inclusive parental leave policy
This policy positions HGF as the first Intellectual Property firm in the UK to provide all eligible colleagues, irrespective of gender, with access to the best parental leave and pay offering including up to 52 weeks of leave with 26 weeks at full pay. Launching...
Clash of the crocodiles: Lacoste’s battle over trademark rights and territorial boundaries
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 claims Temu marketplace a “fraud” in latest Federal Court case
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...
Stuff You Should Know About IP podcast: new episode out now!
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...
INTA partners with US Federal Trade Commission to combat trademark scams and counterfeits
New York, New York—August 19, 2024—The International Trademark Association (INTA) announced today its partnership with the US Federal Trade Commission (FTC) to help combat trademark scams, fraud, and counterfeit products. This collaboration provides consumers a...
Copyright Board cannot hear rectification applications in cases of IP infringement
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...
El Salvador approves new Intellectual Property Law
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...
HGF’s 10th Annual IP in Retail Conference 2024
HGF’s Annual IP in Retail Conference is back, and this year they are celebrating their 10th anniversary. The conferences will take place on 18 September in Manchester and 3 October in London. This year’s retail conference promises a comprehensive look into current and...
Starbucks v. Starbuds: trademark battle?
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 and Donna Summer’s estate settle copyright dispute
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,...
UK IPO issues fresh warning to beware of misleading invoices
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...
INTA files statement in intervention in EU case on the inherent distinctiveness of color combination trademarks
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...
Bytedance stumbles in Singapore: IPOS rejects TIKI trademark challenge
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...
TOUR DE FRANCE fails in the third stage against German fitness studio chain
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 misstep in POCKET SOCKS infringement case
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...
Fakes off the field: combating counterfeits in football
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,...
What-A-Mess: Whataburger in trademark row
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...
Behind the scenes: Potter Clarkson’s IP Summer School
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...
Nike v. Adidas: not all stripes are the same
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...
INTA expresses concerns over amendments to Quebec’s Bill 96 language law
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...
Vans v. FCB Garment Tex: balancing fame and fairness
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...
Clarivate launches IP Collaboration Hub
Enabling users to save time and reduce risks in the IP filing and prosecution process London, UK - June 24, 2024 - Clarivate Plc (NYSE: CLVT), a leading global provider of transformative intelligence, today launched the IP Collaboration Hub™ at the 2024 Clarivate...
McDonald’s loses BIG MAC for subsequent goods and services
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...
Finfluencers and the FCA: protecting brand intellectual property
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...
INTA argues NFTs and intangible goods are within Lanham Act’s scope
New York, New York — June 18, 2024 — The International Trademark Association (INTA) has filed an amicus brief with the US Court of Appeals for the Ninth Circuit in Yuga Labs, Inc. v. Ryder Ripps, Jeremy Cahen, No. 24-879, a case considering whether non-fungible tokens...
Burberry triumphs over Baneburry in trademark infringement case
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...
Café fined for unauthorized use of STARBUCKS trademark
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...
Dubai Annual Meeting to move from 2026 to 2029
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...
“Complaints and Grievances”: George Carlin and soundalike litigation in the era of generative AI
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...
Delhi High Court holds VIGOURA too similar to Pfizer’s VIAGRA trademark
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...
INTA files amicus brief endorsing changes to the EUIPO’s conversion practice
New York, New York—June 4, 2024—The International Trademark Association (INTA) has filed an amicus brief (Third Party Observations) with the European Union Intellectual Property Office (EUIPO) enlarged Board of Appeal (Grand Board) in relation to the Referral by the...
AI and the Reddit goldmine: protecting user-generated content
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...
Playing with Fire (Sticks): illegally reproducing and streaming TV media
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...
Iconix v. Dream Pairs: logo on football boots ‘confusingly similar’ to Umbro logo
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...
Bhidu battle: Jackie Shroff takes on trademark infringement in court
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...
Tencent demonstrates longstanding dedication to protecting and enhancing the value of IP at INTA’s 2024 Annual Meeting
ATLANTA, GEORGIA – May 22, 2024 – At this week’s International Trademark Association (INTA) 2024 Annual Meeting, INTA partner and Meeting sponsor Tencent joined thousands of attendees in celebrating the essential role of IP in creativity, commerce, and innovation. The...
New Clarivate report indicates solid growth in 2024 global trademark filing activity
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...
INTA will bring global IP community to San Diego, California in 2025
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...
Number of active global trademarks to surpass the 100 million mark in just three years, finds Corsearch
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...
Clarivate launches AI-enhanced solution to accelerate trademark watching
Providing faster and more accurate answers to critical business questions Clarivate Plc, a leading global provider of transformative intelligence, launched the first publicly available version of Trademark Watch Analyzer today at the 2024 International Trademark...
Tesla v. Tesla Power India: Tesla files lawsuit in Delhi High Court
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...
Neuroscience nugget for Mental Health Awareness Week: moving with awareness
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...
“X” in a million-dollar copyright dispute: a recent win but a long way to go
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...
David Chang’s Chili Crunch and the perils of policing trademarks
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....
INTA files intervention on interpretation of “article” under India’s Designs Act, 2000
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...
16th edition of Global IP Convention, Istanbul: India’s flagship event is now in Turkey
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...
Rising sustainability awareness drives interest in green EU trademark applications
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 Ravensburger case: who owns the past?
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...
We sold our soul for rock ‘n’ roll: KISS sell their catalog
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...
EUIPO’s IP Case Law Conference: an inside look
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...
Celebrating World IP Day: thoughts from our Editorial Board
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...
AI companies and music rights holders: a conflict in copyright
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 -...
USPTO issues guidance on use of AI tools by patent and trademark practitioners
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....
Implications of Chanel v. WGACA for luxury resale market
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...
Aldi finds itself in the cold over frozen cheesecake
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...
New CITMA President elected
Kelly Saliger has been elected as President of The Chartered Institute of Trade Mark Attorneys (CITMA) and will make education one of her top priorities. Saliger, who is a dual-qualified Chartered Trade Mark Attorney and Solicitor, began her two-year term in the role...
Tencent publishes 2023 Weixin Brand Protection Platform (BPP) Report
The Weixin Brand Protection Platform Report outlines enhancements and recent actions to strengthen its BPP Program, helping further protect intellectual property rights on Weixin. SHENZHEN, April 17, 2024 – Tencent today released its 2023 Weixin Brand Protection...
From fairways to copyright claims: understanding the BIRDIE Act
At least one piece of legislation before Congress has bipartisan support: the BIRDIE Act. The BIRDIE Act has nothing to do with birds and everything to do with golf. While BIRDIE stands for Bolstering Intellectual Rights against Digital Infringement Enhancement, the...
Delhi High Court cancels trademark registration of DOLMA AUNTY MOMOS
In a recent landmark decision, the Delhi High Court has canceled the registration of the trademark DOLMA AUNTY MOMOS, previously held by Mohd. Akram Khan, a resident of Uttar Pradesh, India. The ruling came after Dolma Tsering, the owner of the renowned 'Dolma Aunty...
First referral of questions by the Executive Director to the ‘Grand Board’ of Appeal
The Executive Director of the EUIPO has sought clarification from the enlarged Board of Appeal on legal interpretations of the EU Trade Mark Regulation (EUTMR). This is the first time Article 157(4)(l) of the EUTMR, which states that the Executive Director may refer...
Nike v. BAPE: a clash of the Titans in sneaker trade dress
The iconic sneaker brand Nike is locked in a legal battle with Japanese streetwear giant A Bathing Ape (BAPE) over allegations of trademark and trade dress infringement. This lawsuit, filed in January 2023, centers on BAPE's footwear designs, which Nike claims mimic...
The Supreme Court rules Amazon did target UK customers with non-UK websites
The background The BEVERLY HILLS POLO CLUB brand is sold in the UK and EU under license by Lifestyle Equities. An entirely unrelated company is authorized to sell the brand in the US. The US brand legitimately sold the US goods to US customers via Amazon.com, however,...
Penn State v. Vintage Brand: “throwback” clothing company uses Penn State’s trademarks
In an apparent blatant act of trademark infringement, a clothing company has used Pennsylvania State University's registered trademarks in the commercial sale of various merchandise. An upcoming trial will hinge on an 'ornamental use' defense: that is whether a...
Rolex v. AGSA: are customization activities of branded watches a world of wonders?
A dispute arose between Rolex SA and Artisans de Genève SA (AGSA), which specializes in customizing Rolex watches for its clientele. In 2023, the Civil Chamber of the Court of Justice of the Canton of Geneva ordered AGSA to cease these services and the use of the...
M&S v. Aldi: a ‘refreshing’ reminder of the benefits of design protection
Marks and Spencer Plc (M&S) brought an infringement action against Aldi Stores Limited (Aldi) based on its UK-registered designs for gin bottles containing gold flakes and an integrated light. M&S launched its product in Autumn 2020, with Aldi launching its...
Guangzhou court finds that generative AI infringes copyright
It has been a big month for generative AI-related copyright litigation, culminating in news that authors have issued class action litigation against Nvidia, on the basis that Nvidia’s NeMo platform was trained on a dataset that included copyright works. Further...
Back-and-forth with USPTO stymies OpenAI’s bid to register CHATGPT
You may be surprised to learn that ChatGPT—the name for OpenAI’s ubiquitous AI-powered chatbot—is not registered with the United States Patent and Trademark Office (USPTO). Not yet, at least. Since December 2022, OpenAI has been involved in a back-and-forth with the...
Hogar Controls gets relief from Delhi High Court on trademark matter
Hon’ble Delhi High Court has given a relief order in favor of Vishnu Reddy Hyderabad, 7 March 2024 – Hogar Controls, a leading global IoT company renowned for its design-centric approach and robust smart home solutions, has got an injunction order in the trademark...
UK Government abandons plans for voluntary code of conduct for AI
It is terrifying to think, considering how pervasive it now seems to be, that artificial intelligence (AI) exploded into the public consciousness only a couple of years ago. Less surprising are the copyright concerns and questions that swiftly followed. The recent UK...
‘Choose Safe, not Fake’ campaign targets counterfeit beauty and hygiene products
The new IPO campaign highlights the serious health risks these goods pose, empowering consumers to make informed choices The Intellectual Property Office (IPO) has today launched its latest targeted awareness campaign, designed to help tackle consumer demand for...
Rolex wins injunction but no damages against BeckerTime due to laches
In January 2024, the US Court of Appeals for the Fifth Circuit affirmed the US District Court ND Texas’ decision that BeckerTime infringed Rolex’s trademarks but refused to disgorge BeckerTime of its profits after finding that a laches defense applied. The District...
Threads Software v. Meta: trademark dispute sends small business into a spin
A recent dispute between UK software company Threads Software Ltd. and Meta over its social media platform, Threads, has highlighted the inequality small businesses face when protecting their trademarks. In October 2023, Threads Software wrote to the owners of Meta...
Dr Bernice A King to deliver keynote address at INTA’s 2024 Annual Meeting
New York, New York—February 27, 2024—The International Trademark Association (INTA) is proud to announce Dr Bernice A King as the keynote speaker for its 146th Annual Meeting, taking place in Atlanta, Georgia, May 18-22, 2024. Close to 6,000 people have already...
Tesla’s road rage with chicken shop owner
In a recent case, the car giant Tesla Inc. successfully invalidated the mark TESLA CHICKEN & PIZZA. The registration, in the name of Amanj Ali, was registered on 11 August 2020 for food and drink services in Class 43. Ali initially opposed Tesla’s application for...
Thatchers v. Aldi: whose “cider” you on?
Would you confuse the below cider drinks? This was considered in a recent claim brought by Thatchers regarding its Thatchers Cloudy Lemon Cider against Aldi regarding its Tauras Cloudy Cider Lemon in the Intellectual Property Enterprise Court. As explained below, Aldi...
INTA to host virtual legal clinic focused on entreprenuHERship
On Friday, March 8, 2024, at 11 AM 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...
Kat von D in copyright clash over a Miles Davis tattoo
A Los Angeles jury has sided with tattoo artist Kat von D (Drachenberg) in a copyright infringement lawsuit filed by photographer Jeffrey Sedlik. The high-profile case centered around an image that the reality TV star inked onto a friend’s arm, based heavily on...
UK Government prevails in trademark dispute against Windrush Foundation
The Windrush Foundation (the ‘Applicant’), a charity that delivers projects to highlight African and Caribbean peoples’ contributions to the UK, recently filed trademark applications for WINDRUSH MONUMENT, WINDRUSH MEMORIAL, WINDRUSH75, WINDRUSH, and WINDRUSH DAY. The...
Mickey Mouse and the case of overlapping IP
The January 1, 2024 expiration of the 'Steamboat Willie' copyright registration has received a significant amount of attention both in the media and in the legal community. Unfortunately, this attention has often been imprecise and exaggerated, which may lead to a...
Audi defends its emblem against Polish seller
January provided us with crucial guidelines regarding the referential use of trademarks. Following the Inditex case (C-361/22) the Court of Justice of the European Union (CJEU) delivered its long-awaited judgment in the Audi case (C-334/22) responding to the...
International Trademark Association premiers IP Judiciary of the Future Think Tank Video Series
New York, New York—January 31, 2024—The International Trademark Association (INTA) has released the IP Judiciary of the Future Think Tank Video Series. The series features a select panel of judges from jurisdictions around the world. Their wide-ranging conversations,...
KFC v. HFC: the secret herbs and spices in abbreviation trademarks
Can a fast-food business register the trademark HFC for their fried chicken product without infringing on the famous KFC mark? In a win for Grill’d, the Australian Trade Marks Office has said yes, they can. Grill’d is an Australian burger chain that markets itself as...
Will the real Slim Shady please stand up for their IP rights?
On December 15, 2023, Grammy Award-winning rapper Eminem filed a protective order opposing a request by 'Real Housewives of Potomac' stars Gizelle Bryant and Robyn Dixon to be deposed. This is only the latest development in a dispute that has spanned almost a year....
International Trademark Association releases report on intellectual property reporting for brands
New York, New York—January 25, 2024—Addressing long-standing concerns around how intellectual property (IP) is valued and how that value is communicated, both internally within companies and externally beyond the company, the International Trademark Association (INTA)...
Delhi High Court stops trademark infringement of PUMA
The Delhi High Court has recently passed an exhaustive judgment on trademark infringement by an e-commerce platform. The suit was filed by the well-known brand PUMA against an online marketplace, Indiamart. PUMA alleged that Indiamart was facilitating the sale of...
The Cambridge name battle: David v. Goliath
Cambridge, known worldwide for its revered 800-year-old institution, the University of Cambridge, has recently been at the center of legal battles and disputes over the use of its name. The University of Cambridge is flexing its legal muscles to safeguard its...
Superdry and Manchester City clash in trademark infringement action
The owner of the Superdry clothing and retail brand has recently launched a trademark infringement action against Manchester City FC, specifically, for the use of the term ‘Super “DRY”’ on its training kit, as part of its Asahi sponsorship deal. The name of Asahi’s...
Nike v. Skiman: daffy ‘confusingly similar’ to Jordan Jumpman logo
The Jordan Jumpman logo is undoubtedly iconic, representing not just Michael Jordan but also a legacy of excellence in athletics. Nike is known for fiercely protecting its intellectual property, especially iconic logos like the Jumpman. Skiman LLC, a Colorado-based...
Polish e-commerce market leader will not register the mark SMART!
Does the word “smart” only mean “intelligent”? What is the significance of an exclamation mark as part of a trademark applied for? Can earlier European Union Intellectual Property Office (EUIPO) decisions be successfully invoked? These are questions that were raised...
Google v. MakeMyTrip: does use of a trademark as a keyword constitute infringement?
Google operates a search engine called Google Search Engine and runs an advertising program called Google Ads Program. This program displays sponsored links and advertisements, known as 'Google Ads,' on the search engine result page (SERP). MakeMyTrip (India) (P) Ltd....
EVERYBODY VS. RACISM is a sentiment and does not function as a trademark
In November 2023, the US Court of Appeals for the Federal Circuit ("Federal Circuit") affirmed the Trademark Trial and Appeal Board’s ("Board") decision to refuse registration of the mark EVERYONE VS. RACISM on the grounds of failure to function as a trademark. The...
Lights out for Lewis Hamilton in dispute with Swiss watchmaker
In this line of work, it’s vital that we do not conflate our personal perception with that of the ‘average consumer’ — a legal concept that serves as a reference point for assessing trademark disputes. For me, there is no better reminder of this than a recent EUIPO...
Philadelphia Eagles looking to corner the football market on Kelly Green
The National Football League’s Philadelphia Eagles recently submitted an application to register the term "Kelly Green". Kelly Green is the name of the shade of green the team wore for decades until 1995 when it changed to its current “Midnight Green” uniforms. The...
Sweet reassurance: assessing the distinctiveness of 2D and 3D marks in light of the HARIBO Goldbear case
Article 7(1)(b) of the EU Trademark Regulation plays a pivotal role in the registration process, emphasizing the uniqueness required for a mark to be eligible for protection. It is well established that the distinctive character of a mark must be first assessed by...
Dog groomers take their copyright clash to the High Court
“Wash, Wiggle and Wag” is sadly not the latest TikTok craze. Instead, it’s the name at the center of a dispute between two dog groomers in the West Midlands. Much like the infamous “Wagachristie” case, there’s an accompanying social media “smear” campaign between the...
CIPO’s express trademark voyage: accelerating Canada’s application route
Recent developments within the Canadian Intellectual Property Office (CIPO) have stirred considerable interest in Canada's trademark application procedures, scheduled to take effect on January 1, 2024. Canada has long grappled with a reputation for possessing the...
Vans and Walmart reach settlement over lookalike shoes
After nearly two years, Vans and Walmart have settled their long-running dispute. This settlement marks the end of a hefty dispute that was filed on 15 November 2021 by Vans against Walmart, Inc., The Doll Maker, LLC, and Trendy Trading, LLC ("the Complaint"). Vans...
Is modernization finally on the cards for The Bahamas’ antiquated IP legislation?
In a statement to the media on 30 November 2023, Attorney-General and Minister of Legal Affairs L. Ryan Pinder, KC announced that the "entire intellectual property framework" of The Bahamas would be reformed, starting with legislative reform. The Attorney-General...
Navigating the palate: Thatchers v. Aldi in a trademark dispute
In the current High Court battle between Thatchers and Aldi, a unique twist unfolds as the judge is invited to partake in a "taste test." The crux of the matter revolves around proving a breach in the trademark, with Thatchers alleging that Aldi's Taurus cider mirrors...