The Trademark Lawyer

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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....

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...

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...

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 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...

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...

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...

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...

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 -...

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....

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...

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...

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...

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...

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...

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...

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 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,...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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....

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)...

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...

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...

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...

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...

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 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....

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...

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...

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...

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...

“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...

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...

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...

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...

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...

In a landmark ruling, the Delhi High Court has recognized NEW BALANCE and NB, the distinctive symbols of the renowned sports footwear and apparel giant New Balance Athletics Inc., as well-known trademarks. This judicial decision not only highlights the brand's...

The Australian Federal Court found that Burger King’s Australian franchisee, Hungry Jack’s, engaged in misleading and deceptive conduct for the statement that its BIG JACK burger contained 25% more beef than its well-known rival. However, the Court denied McDonald’s...

In a recent case, Diego Maradona’s heirs have triumphed in asking the European Union Intellectual Property Office (EUIPO) to strike out the transfer of Maradona’s trademarks to the soccer legend’s former lawyers, Sattvica.  Maradona had registered a number of...

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), which the Biden administration describes as “the most sweeping actions ever taken to protect Americans from the...

As we step into the year 2024, Vietnam’s intellectual property landscape is undergoing a significant transformation in the digital realm. From January 1, 2024, the Intellectual Property Office of Vietnam (IP Vietnam) will initiate a remarkable change; trademark...

Many of you may have become aware of the recent, high-profile brand dispute which arose between EasyGroup Ltd. (a brand owner) and a group of popular musicians performing as “Easy Life”. Broadly, the established music group “Easy Life” who had been performing for...

“Almost Famous” is one of my favorite movies. There is a scene where Lester Bangs (played by the amazing Philip Seymour Hoffman) is talking to a radio DJ about her song choices and extolls the virtues of The Guess Who over The Doors. While The Guess Who certainly had...

New York, New York—November 11, 2023—The International Trademark Association (INTA) has launched its inaugural Unreal Campaign Week. Combining in-person student presentations with a robust Instagram campaign, Unreal Campaign Week is designed to spread the campaign’s...

In yet another case of consumer confusion, the Delhi High Court recently restrained Rohidas Popat Kapadnis and Blue Marine Bottling Company from manufacturing SEVEN HOURS energy drinks in packaging with a blue and silver color combination resembling Red Bull's...

Last week, Taylor Swift’s boyfriend and Kansas City Chiefs tight end, Travis Kelce, appears to have taken a play out of the musician’s playbook and launched a brand protection plan focused on something more than just product lines: himself. The fellow 1989er filed...

Intellectual property law will struggle to keep up with fast-paced AI developments Companies urging professional advisors not to input any of their confidential data into AI amid fears of data leaks The surge in new artificial intelligence (AI) legal cases to decide...

Undeterred by its varying success rates in trademark disputes, Adidas finds itself embroiled in another legal battle. You guessed it – it concerns its iconic three-striped logo once again. The sportswear giant opposed LIV Golf League’s trademark applications for their...

Many who frequent Trader Joe’s to buy groceries feel immediately calmed by the friendly atmosphere and smiling faces of the ever-cheerful employees! One may be easily forgiven for thinking that Trader Joe’s is perpetually conflict-free and yet this assumption would...

In a landmark ruling, the Delhi High Court has ordered a Ghaziabad India-based pizza outlet to stop using the name "Dominick Pizza" after finding that it infringed on the trademark of multinational pizza giant Domino's Pizza. The Court's decision is a significant...

In cases involving trademark infringement and the sale of counterfeit products, defendants often choose not to participate in legal proceedings, making it challenging to determine the extent of damages. However, a recent judgment by Justice Prathiba M Singh, the...

New York, New York—October 16, 2023—The International Trademark Association (INTA) has announced the keynote speakers for its 2023 Leadership Meeting, which will take place November 14 to November 17, 2023, in Houston, Texas, USA. Each of the three keynote...

ASIPI is pleased to invite you to the presentation that the University of New Hampshire Franklin Pierce School of Law will be giving about its academic programs and scholarship program as part of our ASIPI Mexico Congress. This session will take place on December 5th,...

Introduction   The recent ruling by the European Court of Justice (ECJ) regarding the trademark status of Nestle's iconic four-finger KitKat bar has ignited discussions about the challenges and threats associated with trademarking unique shapes of products. This case...

At the present rate, there are roughly two major AI developments per day. Over successive days in September 2023, Open AI announced that Dall-E 3 would be integrated with GPT 4 which is important because it gives the image platform detailed generative abilities based...

The interplay between technology and law has always been a dynamic field, and it continues to evolve with the emergence of new technologies like generative AI that create new unprecedented challenges. Particularly as AI technology becomes increasingly integrated into...

This is a decision that considers the alleged trademark infringement of “advancetrack” as a keyword in an internet advert campaign.  Judge Tindal reviewed the impact of the EU Withdrawal Agreement in detail, and the likely effect of the Retained EU Law (Revocation and...

Footwear company New Balance recently sued Golden Goose for trademark infringement with respect to its “Dad-Star” sneaker.[1] The complaint alleges that Golden Goose willfully infringed on the common law trade dress rights New Balance has established in its 990...

Home Chef and Grubhub are battling over their logos, with Home Chef trying to show Grubhub’s trademark application for and use of its new logo should be toast. Home Chef won the first round, obtaining a preliminary injunction against Grubhub, but Grubhub won the...

New York, New York —September 13, 2023—The International Trademark Association (INTA) has filed an amicus brief with the United States Supreme Court in Vidal v. Elster, No. 22-704, a case considering whether the refusal to register a trademark under 15 U.S.C. §...

Responses to the consultation will inform the options for implementation of the Treaty The Intellectual Property Office (IPO) has launched a consultation on implementing the Beijing Treaty on Audiovisual Performances. The Treaty is an international agreement to...

A high-profile plaintiff could soon join the growing number of parties who have brought lawsuits against OpenAI, the maker of ChatGPT.  After licensing negotiations between OpenAI and The New York Times reportedly broke down last month, the media giant is allegedly...