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Listening in on an EU perspective: Bruno Mars v. Miley Cyrus (Flowers)

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

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...

Fraudster files a domain complaint against the real domain owner

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...

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...

Trademark protection isn’t always EASY

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...

Vans and MSCHF settle dispute of unauthorized shoe parody

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

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...

More Copyright News

UKIPO issues new Civil Procedure Rules guidance

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

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...

Stuff You Should Know About IP podcast: new episode out now!

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...

El Salvador approves new Intellectual Property Law

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 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 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 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

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...

Bytedance stumbles in Singapore: IPOS rejects TIKI trademark challenge

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...

Fakes off the field: combating counterfeits in football

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

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

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

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...

Vans v. FCB Garment Tex: balancing fame and fairness

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

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

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

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

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 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

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

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...

AI and the Reddit goldmine: protecting user-generated content

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...

Bhidu battle: Jackie Shroff takes on trademark infringement in court

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...

INTA will bring global IP community to San Diego, California in 2025

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...

Tesla v. Tesla Power India: Tesla files lawsuit in Delhi High Court

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...

David Chang’s Chili Crunch and the perils of policing trademarks

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....

The Ravensburger case: who owns the past?

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

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

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

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

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 -...

Implications of Chanel v. WGACA for luxury resale market

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

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

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

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

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

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...

Nike v. BAPE: a clash of the Titans in sneaker trade dress

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...

Guangzhou court finds that generative AI infringes copyright

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

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

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

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...

Rolex wins injunction but no damages against BeckerTime due to laches

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...

Tesla’s road rage with chicken shop owner

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?

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

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

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

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

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

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...

KFC v. HFC: the secret herbs and spices in abbreviation trademarks

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?

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....

Delhi High Court stops trademark infringement of PUMA

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

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

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

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!

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...

Lights out for Lewis Hamilton in dispute with Swiss watchmaker

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

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...

Dog groomers take their copyright clash to the High Court

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...

Vans and Walmart reach settlement over lookalike shoes

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...

Navigating the palate: Thatchers v. Aldi in a trademark dispute

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...

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