The Trademark Lawyer

In January, the UK government set out its response to the AI Opportunities Action Plan that was developed by tech entrepreneur and Chair of Advanced Research and Invention Agency (ARIA) Matt Clifford CBE. The plan set out recommendations for the government, which...

Unsurprisingly, perhaps, given the continuing success of The Gruffalo, the author, Julia Donaldson, and the illustrator, Axel Scheffler, have registered their scary, but not really scary friend as a trademark. In an excellent example of enhancing the copyright of...

Although in its early stages, the proposed changes to the Copyright, Designs, and Patents Act (1988) are already causing controversy, particularly among those in the music and creative industries. More than 1,000 artists, including huge names such as Kate Bush and...

On February 20, 2025, Pepperdine University commenced an action against Netflix Inc. and Warner Bros. Entertainment Inc. in the US District Court for the Central District of California. The Complaint alleges a total of nine causes of action sounding in trademark...

Does reusing embossed bottles with another manufacturer’s trademark constitute the infringement of intellectual property rights under the Trademarks Act? In a recent case, this issue was assessed. Mount Everest Breweries Limited (appellant) manufactures and sells beer...

US copyright laws are intended to protect the rights of authors and creators by granting them exclusive rights over their works. That way, authors and creators can control how their works are used, reproduced, and distributed. These laws are intended to encourage...

In the ever-evolving domain of artificial intelligence (AI), India's first AI copyright case, ANI v. OpenAI, has emerged, potentially shaping the future of copyright protection in India. The case raises the fundamental question: does generative AI's use of copyrighted...

The US Supreme Court’s (SCOTUS) decision in Dewberry Group v. Dewberry Engineers was narrowly focused on one question: whether the trial court erred in treating the profits of defendant’s affiliates as “defendant’s profits” within the meaning of Section 1117(a) of the...

The Duchess of Sussex, Meghan Markle, has faced a series of setbacks in finding a suitable brand for her passion of “cooking, crafting, and gardening.” In 2024, Markle attempted to launch a lifestyle brand under the name 'American Riviera Orchard.' Through her...

New York, New York—March 11, 2025—The International Trademark Association (INTA) is honored to announce Louise Felton, Vice President, Marketing, Qualcomm Technologies, Inc., as the Opening Ceremonies Keynote Speaker for its 2025 Annual Meeting, taking place in San...

Late last year, a judge in the Northern District of California found e.l.f. Cosmetics did not infringe on Benefit Cosmetics’ trademarks or trade dress when e.l.f. created what is commonly known in the beauty industry as a duplicate or “dupe” product. A “dupe” product...

Don José Mario Alfaro González, known as Mario, operates a supermarket in San Ramón, Costa Rica, called 'Super Mario.' According to the supermarket’s Facebook page, González founded the store in 1973—years before Nintendo’s red-capped video game protagonist first...

Register now at Early Bird rates for the ECTA 43rd Annual Conference in Berlin on 18-21 June 2025! This year’s Conference 'Bears on the Loose' 🐻😎 celebrates Berlin’s heraldic bear and the city's vibrant atmosphere. With its melting pot of cultures, rich history, and...

The meteoric rise of the 'Stanley cup,' a seemingly ubiquitous insulated tumbler has not only captured the zeitgeist but also ignited a high-stakes legal battle in Stanley Black & Decker, Inc. v. Pacific Market International (PMI) Civil Action No. 3:25-cv-00243....

The business world is increasingly shifting from linear to circular models, driven by environmental concerns, consumer demand, and regulation. This transition presents both challenges and opportunities for firms, particularly within the context of intellectual...

New York, New York—February 26, 2025—The Board of Directors of the International Trademark Association (INTA) convened yesterday for a special board meeting where they voted to approve a resolution on the issues of “deep fakes” and “digital replicas." Board...

Designers and businesses urged to respond by April 1 to help shape the future of UK design IP protection The UK Intellectual Property Office (UKIPO) has today launched a new survey as part of the government’s review of the UK’s design system. It is inviting responses...

The UK Government should seriously consider mandating artificial intelligence (AI) users to mark their content as AI-generated, says leading property law firm Mathys & Squire in response to the UK’s consultation on AI consultation that closes on February 25. In...

There has been much excitement in the trademark sphere following the decision in Thatcher’s v. Aldi. As many readers will be aware, the matter centered around Thatcher’s Cloudy Lemon Cider packaging and Aldi’s Taurus Cloudy Lemon Cider. The decision is a victory for...

Despite the Kansas City Chiefs' loss in this week's Super Bowl, Pat Riley was hopeful of gaining a historic third consecutive Super Bowl victory. The NBA legend and Miami Heat president has held the trademark for THREE-PEAT since his days coaching the Los Angeles...

Will the German Federal Court of Justice find the substance of Birkenstocks has transubstantiated from functional orthopedics to works of art while their accidents remain unchanged? The iconic sandal manufacturer hopes so. Birkenstock is fighting a new wave of...

The global trademark landscape frequently encounters disputes when iconic brands expand into new markets. The recent filing of the ZACAFFE trademark by fashion retailer ZARA highlights the challenges of diversification into unrelated industries. The case has garnered...

The story of the trademark registration THE PRINCESS AND THE SHAMAN The Norwegian media has recently brought the US trademark registration THE PRINCESS AND THE SHAMAN (no. 7402680) into the spotlight. The registration is owned by Ohana Productions LLC, associated with...

The Copyright Act can be prone to abuse by bad actors who make a business of filing high numbers of low-value actions in federal court rather than the recently created (and less expensive) voluntary Copyright Small Claims tribunal. Such serial litigants leverage the...

Official statistics for 2024 are out, and it is confirmed that following the initial recovery of trademark and design applications in 2023, the positive trend has consolidated in 2024, with more than 303,000 European Union Trade Mark (EUTM) and Registered Community...

The registration of traditional trademarks by athletes, entertainers, and public figures, such as their names, is not particularly new. However, recently, sportspeople have been looking to register non-traditional elements of their unique contribution to sporting...

Puma SE, the multinational athletic corporation, has kicked off the new year by picking a fight with Tiger Woods’ new company, Sun Day Red. On January 2, 2025, Puma filed a letter of opposition with the United States Patent and Trademark Office (USPTO) to prevent the...

In 2022, clothing brand GAP Inc. opposed Transport For London's (TFL) application for a mark reflecting the refrain heard by thousands of London commuters every day: MIND THE GAP. TFL’s application for the word mark MIND THE GAP covered class 9 (eyewear) and class 18...

Jim Valvano’s inspirational speech at the 1993 ESPY Awards, where he famously stated, “Don’t give up. Don’t ever give up,” embodies the kind of determination the Carters have shown during their 12-year journey to secure the BLUE IVY CARTER trademark. Recently, the...

With '90s fashion having its moment, consumers have been reaching for their oversized sweatshirts with bold graphics and logos. Some may be reaching back into their own closets, but others are buying these for the first time. However, companies that have capitalized...

Recently, Asian News International (ANI), a renowned news agency, has filed a copyright infringement suit against the creators of ChatGPT, OpenAI. In this case, a first-of-its-kind in India, ANI has sought an injunction against OpenAI to restrain it from storing,...

The United States Patent and Trademark Office (USPTO) has announced significant changes to its trademark fee schedule. Effective January 18, 2025, these updates will include higher fees for several filings, the elimination of the “TEAS-PLUS” option, and a shift toward...

An interesting find in what at first seemed to be a run-of-the-mill Benelux trademark opposition concluded on 22 November 2024. The applicant had named ChatGPT as its representative, with unfavorable results. Background In November 2023, a Dutch national filed a...

The eagerly awaited decision in Sky v. SkyKick did not disappoint. Having now had time to digest and discuss the decision more fully, what does it mean for trademark law and practice in the UK? Is it the start of a welcome and radical change or a more muted tweak to...

British-owned Vietnamese restaurant Pho recently filed to surrender its trademark of the word 'pho' – the national dish of Vietnam – following a viral social media backlash against the business’ aggressive enforcement strategy.   There are valuable lessons to be...

UK artists will earn new royalties when their works are resold in New Zealand following the Free Trade Agreement.  UK creative sector set for boost as new arrangements ensure British artists are paid when their work is resold in New Zealand.  Artist’s resale right...

After 12 long years of legal back-and-forth, Beyoncé and Jay-Z ('the Carters' – their real last name) are once again asking federal regulators to register their daughter Blue Ivy Carter’s name as a trademark. Shortly after Blue Ivy was born in January 2012, Beyoncé’s...

On 31 October 2024, the High Court of England and Wales handed down its judgment in Shorts International Limited (‘SIL’) v. Google [2024] EWHC 2738 (Ch) regarding Google’s use of ‘Shorts’ in relation to its ‘YouTube Shorts’ service. ‘YouTube Shorts’ launched in the UK...

In January 2024, Tiger Woods and Nike announced the end of a 27-year partnership. It didn’t take Woods long to announce that he was leveraging a long-standing equipment partnership with TaylorMade and expanding that relationship into a lifestyle clothing line called...

Amanda Kinsey, the owner of Fayetteville-based 'Amanda’s BarBeeQue,' has faced trademark opposition from Mattel, the company behind the iconic Barbie brand. After years of operating her business without issue, Kinsey recently filed to register her trademark, only to...

In a landmark judgment, the Hamburg Regional Court ruled in Kneschke v. LAION (Case No. 310 O 227/23) that the actions of the Large-Scale Artificial Intelligence Open Network (LAION) did not constitute copyright infringement. This case, which focused on the...

From an early age, I have been captivated by superhero stories. From Spider-Man to Superman, these characters inspired me to dream of becoming a superhero myself. As a lifelong fan, I was shocked to discover that the term 'superheroes' was trademarked. As a trademark...

Gemini Data, Inc., an artificial intelligence (AI) software company, has filed a lawsuit against Google in the US District Court for the Northern District of California. The suit alleges trademark infringement related to Google's rebranding of its AI chatbot from BARD...

In a significant victory for international entertainment giants, the Delhi High Court has issued a dynamic injunction aimed at safeguarding the copyrighted content of leading global studios, including Warner Bros., Netflix, Disney, and others. The injunction targets...

The Delhi High Court recently adjudicated in favor of Monster Energy Company in a dispute concerning the usage of the trademark MONSTER. In a recent pronouncement, Hon’ble Justice Mini Pushkarna of the Delhi High Court adjudicated a trademark dispute between Monster...

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 53 focuses on Turkish Olympic shooter Yusuf Dikec, who caught the world’s attention with...

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...

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...

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....

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 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...

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...

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...

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...

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, 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,...

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...

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...

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...

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 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...

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,...

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...

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...

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...

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...