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Twitter Rebrand: What to X-pect

Twitter Rebrand: What to X-pect

We’ve all heard the news by now that Twitter is rebranding to X, and we have seen (and perhaps even taken part in) the buzz around this decision. It has been a few weeks since the announcement, so now that the initial reactions have settled, we would like to consider...

Disemvoweled applications are missing the mark

Recently, there has been the common opinion that, due to the growing number of registered trademarks, the possibility of registering winning trademarks is limited. Among the tactics devised by the brands to remedy this problem, it has become fashionable to adopt...

Does Mattel own pink?

Does Mattel own pink?

Mattel’s Barbie doll is an icon.  Generations of children have been exposed to this doll, and pop culture acknowledges it as a symbol of fashion, beauty, and female empowerment.  Mattel has spent over half a century connecting Barbie with the color pink, and this...

A false start for the Van Deer – Red Bull sports logo

A false start for the Van Deer – Red Bull sports logo

Based and organized in Switzerland, the International Ski and Snowboard Federation (FIS) is responsible for and setting the International Competition Rules (ICR)[1] and for the Olympic skiing disciplines[2] including alpine ski, cross-country, ski jumping, Nordic...

Fashion face-off: Barbie battles Burberry over BRBY trademark

Fashion face-off: Barbie battles Burberry over BRBY trademark

In a surprising turn of events, Burberry, the renowned British fashion brand, has found itself entangled in a potential legal dispute with Mattel, the maker of the iconic Barbie dolls. It all started when Burberry applied with the US Patent and Trademark Office in...

More Copyright News

AI authors – what a US lawsuit could mean for UK IP law

AI authors – what a US lawsuit could mean for UK IP law

In a ground-breaking US lawsuit, authors Mona Awad and Paul Tremblay have sued OpenAI for copyright infringement, accusing the AI company of ‘training’ its language model on ChatGPT using the authors’ copyrighted works without permission. This legal action not only...

Qatar implements the GCC Trademark Law

Qatar implements the GCC Trademark Law

Effective August 10, 2023, and based on Ministerial Decree No. 56 of 2023, Qatar is adopting the Gulf Corporation Council (GCC) Trademark Law and its Implementing Regulations, replacing its current Trademark Law (Law No. 9 of 2002 with respect to Trademarks, Trade...

UK Government publishes transformation consultation response

UK Government publishes transformation consultation response

The UK government has published its response to the transformation consultation which ran in late 2022 and ended on 6 January this year. The government sought views on a number of changes related to the Intellectual Property Office’s (IPO) new digital services, and...

Hands down in BoA case with rejection of emoji application

Hands down in BoA case with rejection of emoji application

The Board of Appeal (BoA) has upheld the EUIPO examiner’s decision to reject EUTM Application No. 18622650 for the contested sign below due to a lack of distinctive character (Article 7(1)(b) EUTMR) for all the services applied for, namely, various financial, real...

Dog toys and whiskey: Jack Daniel’s v. VIP Products update

Dog toys and whiskey: Jack Daniel’s v. VIP Products update

A recent opinion by the US Supreme Court (“SCOTUS”), held that “when an alleged infringer uses a trademark as a designation of source for the infringer’s own goods, the Rogers test does not apply” and remanded the issue of trademark infringement back to the lower...

Ruffled feathers over alleged Twitter copyright violations

Ruffled feathers over alleged Twitter copyright violations

The recent lawsuit filed by the National Music Publishers on behalf of 17 music publishers against Twitter for alleged copyright infringement should come as no surprise, as Twitter is the largest social media platform that has completely refused to enter into a...

Taste the injunction: unsweet ending for Skittles infringer

Taste the injunction: unsweet ending for Skittles infringer

Candymaker Wrigley and Terphogz, LLC have reached a settlement in a high-profile lawsuit over Terphogz’s use of the mark ZKITTLEZ on cannabis products and other merchandise such as clothing (WM. Wrigley Jr. Co. v. Terphogz, LLC, No. 21-CV-02357 (N.D. Ill. July 3,...

Blink Commerce Private Limited V. Blinkhit Private Limited & Anr

Blink Commerce Private Limited V. Blinkhit Private Limited & Anr

Background In an appeal filed by the instant delivery app, Blinkit (https://blinkit.com/), the Karnataka High Court has set aside the impugned order passed by the Trial Court, wherein the Appellant, Blinkit, was, prima facie, found to be infringing the mark “BLINKHIT”...

The dark side of trademarks: confronting the troll menace

The dark side of trademarks: confronting the troll menace

The global market is currently threatened by trademark trolls. These entities try to exploit legalities to profit from established brands, causing harm to brand reputation and finance. A trademark troll is an entity or individual that maliciously uses or registers a...

Harrods’ reputation surpasses Dubai’s expectations

Harrods’ reputation surpasses Dubai’s expectations

Federal Decree-Law No 36 of 2021 (“Trademarks law”), amply provides for the protection of well-known marks. Article (4)(1), says that if a popularity of a mark has crossed the boundaries of a country where it was registered, any same or similar mark would not be...

IPO launches new, dedicated counter-infringement social channels

IPO launches new, dedicated counter-infringement social channels

As part of their Counter-Infringement Strategy, launched last year, the Intellectual Property Office (IPO) has launched new dedicated counter-infringement social channels on Twitter, LinkedIn and Instagram – with the handle IPO Counter-Infringement (@IPOEnforcment)....

US Supreme Court refocuses the test for transformative use

US Supreme Court refocuses the test for transformative use

The last time the US Supreme Court considered whether a creative work qualifies as a transformative use under the Copyright Act was nearly 30 years ago, in Campbell v. Acuff-Rose Music, Inc. In the Campbell decision, the Court stated that the central inquiry of...

Side effects in intellectual property

Side effects in intellectual property

It is commonly known that some foreign companies left Russia following the onset of events in the Ukraine. That led to mass filing of trademark applications reproducing or imitating the brands of the companies that left Russia. That raised concerns among trademark...

TACO TUESDAY: still a trademark or just a Call To Action?

TACO TUESDAY: still a trademark or just a Call To Action?

The phrase “Taco Tuesday” elicits a visceral reaction in foodies and families alike.  What comes to mind when you hear it?  Crunchy or soft tacos?  Queso?  Margaritas?  Does a specific restaurant come to your mind?  If you answered “no” you may be among those that...

Delhi High Court sets out contours of shape mark protection

Delhi High Court sets out contours of shape mark protection

Under the law of trademarks, the threshold for extending exclusive rights to the shape of a product is quite high. The shape by itself should immediately be identifiable with the source of the product. For trademark registration of the shape of a product, the same can...

EUIPO reports: half of young consumers find it acceptable to buy fakes

EUIPO reports: half of young consumers find it acceptable to buy fakes

80% of Europeans agree that counterfeits support criminal organizations and ruin businesses and jobs. Two out of three also consider fakes a threat to health, safety, and the environment. However, a third of Europeans find it acceptable to buy fakes when the price of...

Muzmatch is no match for Match

Muzmatch is no match for Match

The dating site operator, Match Group, which owns services such as Match.com, Tinder and Hinge, was successful in defending an appeal by online dating service, Muzmatch, of the High Court finding that service Muzmatch had infringed Match's trademarks and passed them...

T-shirt trademark trouble for M&S

T-shirt trademark trouble for M&S

Marks & Spencer (M&S) have made a U-turn after a new product ‘rips off’ the name of a London pub. Founded in 1884, M&S has grown into a household name as the multinational retailer selling a wide range of products including food, homeware, and clothing....

Locations announced for INTA Annual Meeting 2024 and 2026

Locations announced for INTA Annual Meeting 2024 and 2026

International Trademark Association to Head to Atlanta, Georgia for 2024 Annual Meeting  New York, New York—May 17, 2023—The International Trademark Association (INTA) announced today that it will hold its 146th Annual Meeting, the world’s largest event for brand...

Mental Health Awareness Week 2023 – Anxiety and IP

Mental Health Awareness Week 2023 – Anxiety and IP

Last minute deadlines, billing targets, Friday 4pm client’s request, politics, different time zones, networking, taking time off and then coming back to five-hundred unread emails, heavy workload, expected performances, long working hours, school runs, increased...

Copyright claims up in flames: Evans v John Lewis PLC and Another

Copyright claims up in flames: Evans v John Lewis PLC and Another

The hand-down of the judgment in the case of Evans v John Lewis PLC and Another (2023) at the beginning of April caused a flurry of media excitement. The story was an eye-catching one: at its heart was the content of the John Lewis Christmas advert, the release of...

Every Little Helps? Tesco found to infringe Lidl’s trademarks

Every Little Helps? Tesco found to infringe Lidl’s trademarks

Lidl has won its claim for trademark infringement against Tesco concerning the latter's use of a yellow circle within a blue square for its Clubcard Prices scheme. Lidl argued that such use infringed its trademark registrations for a similar logo with and without the...

Trademark tussle: Google LLC v Google Enterprises (P) Ltd.

Trademark tussle: Google LLC v Google Enterprises (P) Ltd.

‘What’s in a name?’ Today – literally everything! Brands contribute immensely to a company’s assets. Companies spend heavily on building their brands and securing statutory protection to safeguard them from infringement and deterring third parties from making...

What to know about The Copyright Office’s new “AI Initiative”

What to know about The Copyright Office’s new “AI Initiative”

The United States Copyright Office recently launched its “Artificial Intelligence Initiative,” set to “examine the copyright law and policy issues raised by artificial intelligence.” The initiative comes as a “direct response” to “striking advances in generative AI...

Celebrating World IP Day: thoughts from our Editorial Board

Celebrating World IP Day: thoughts from our Editorial Board

Each year, on April 26, World Intellectual Property Day is celebrated in a continued effort to raise awareness and understanding of the value IP offers. This year’s focus is ‘Women in IP: Accelerating innovation and creativity’, intended to highlight the incredible...

A shapely debate – Iconix v Dream Pairs

A shapely debate – Iconix v Dream Pairs

In the recent decision of Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor, Mr Justice Miles held that the logo of footwear manufacturer Dream Pairs did not infringe Umbro’s double diamond logo. The owners of the Umbro brand had argued that the...

“The eyes of the beer holder”

“The eyes of the beer holder”

The summary In a groundbreaking intellectual property (“IP”) case set in provincial Ba Ria – Vung Tau (Vietnam), a Vietnamese national and company director were sanctioned for ‘infringing on industrial property rights’ of Saigon Beer-Alcohol-Beverage Joint Stock...

Bollywood music removed from Spotify in bid to protect copyrights

Bollywood music removed from Spotify in bid to protect copyrights

In March 2023, Spotify made the announcement that it would be removing Bollywood songs from its platform due to licensing and copyright issues. The decision was met with mixed reactions from users worldwide, with some expressing disappointment, while others supported...

Nigerian Domitilla lawsuit: copyright and trademarks at loggerheads

Nigerian Domitilla lawsuit: copyright and trademarks at loggerheads

The news of the court action between an actress, Ann Njemanze, and the producer of the movie, Domitilla, is agog in the Nigerian entertainment industry. In sum, having acted in the 1996 movie, she was approached for a role in the sequel, Domitilla: The Reboot, but the...

Adidas withdraws opposition against Black Lives Matter trademark

Adidas withdraws opposition against Black Lives Matter trademark

Adidas has officially withdrawn its opposition to a US trademark filing by the Black Lives Matter movement after initially claiming that the trademark would cause confusion with its own three-stripe design and dilute its distinctiveness. The US application (Serial No....

All Mariah Carey wants is her BLACK IRISH trademark

All Mariah Carey wants is her BLACK IRISH trademark

The trademark dispute between Mariah Carey’s company, Splashes Beverage, and Darker Still Spirit Company, an Irish whiskey-based liqueur company, has finally come to an end. After a lengthy battle, it has been announced that Darker Still Spirit Company has agreed to...

Is it possible for someone’s face to be a trademark?

Is it possible for someone’s face to be a trademark?

In 2019, Dutch model Maartje Verhoef made history by becoming the first person to successfully register her face as a trademark. The application was filed with the European Union Intellectual Property Office (EUIPO) and was approved in April 2020. This landmark...

WWE takes on more trademark applications

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...

Lord of the Bins comes under a ring of fire!!

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...

Eminem gets “Shady” with the Real Housewives’ cast members

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

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...

100% THAT BITCH is 100% a Trademark

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...

Mochi do about goods – unpacking a common trademark myth

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?

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...

The INTA Pro Bono EntreprenuHERship Program

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

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

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....

Monster Energy’s recent failed opposition over PREDATOR

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

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...

Emily in Paris revealing lessons for personal name brand protection

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 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...

A stripy situation – Adidas in dispute with Thom Browne

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...

Intellectual property in blockchain and e-gaming

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 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

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

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

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 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...

USPTO implements expedited office action response deadlines

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...

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