Penn State v. Vintage Brand: “throwback” clothing company uses Penn State’s trademarks
In an apparent blatant act of trademark infringement, a clothing company has used Pennsylvania State University's registered trademarks in the commercial sale of various merchandise. An upcoming trial will hinge on an 'ornamental use' defense: that is whether a...
Rolex v. AGSA: are customization activities of branded watches a world of wonders?
A dispute arose between Rolex SA and Artisans de Genève SA (AGSA), which specializes in customizing Rolex watches for its clientele. In 2023, the Civil Chamber of the Court of Justice of the Canton of Geneva ordered AGSA to cease these services and the use of the...
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...
M&S v. Aldi: a ‘refreshing’ reminder of the benefits of design protection
Marks and Spencer Plc (M&S) brought an infringement action against Aldi Stores Limited (Aldi) based on its UK-registered designs for gin bottles containing gold flakes and an integrated light. M&S launched its product in Autumn 2020, with Aldi launching its...
Back-and-forth with USPTO stymies OpenAI’s bid to register CHATGPT
You may be surprised to learn that ChatGPT—the name for OpenAI’s ubiquitous AI-powered chatbot—is not registered with the United States Patent and Trademark Office (USPTO). Not yet, at least. Since December 2022, OpenAI has been involved in a back-and-forth with the...
Hogar Controls gets relief from Delhi High Court on trademark matter
Hon’ble Delhi High Court has given a relief order in favor of Vishnu Reddy Hyderabad, 7 March 2024 – Hogar Controls, a leading global IoT company renowned for its design-centric approach and robust smart home solutions, has got an injunction order in the trademark...
UK Government abandons plans for voluntary code of conduct for AI
It is terrifying to think, considering how pervasive it now seems to be, that artificial intelligence (AI) exploded into the public consciousness only a couple of years ago. Less surprising are the copyright concerns and questions that swiftly followed. The recent UK...
‘Choose Safe, not Fake’ campaign targets counterfeit beauty and hygiene products
The new IPO campaign highlights the serious health risks these goods pose, empowering consumers to make informed choices The Intellectual Property Office (IPO) has today launched its latest targeted awareness campaign, designed to help tackle consumer demand for...
Rolex wins injunction but no damages against BeckerTime due to laches
In January 2024, the US Court of Appeals for the Fifth Circuit affirmed the US District Court ND Texas’ decision that BeckerTime infringed Rolex’s trademarks but refused to disgorge BeckerTime of its profits after finding that a laches defense applied. The District...
Threads Software v. Meta: trademark dispute sends small business into a spin
A recent dispute between UK software company Threads Software Ltd. and Meta over its social media platform, Threads, has highlighted the inequality small businesses face when protecting their trademarks. In October 2023, Threads Software wrote to the owners of Meta...
Dr Bernice A King to deliver keynote address at INTA’s 2024 Annual Meeting
New York, New York—February 27, 2024—The International Trademark Association (INTA) is proud to announce Dr Bernice A King as the keynote speaker for its 146th Annual Meeting, taking place in Atlanta, Georgia, May 18-22, 2024. Close to 6,000 people have already...
Tesla’s road rage with chicken shop owner
In a recent case, the car giant Tesla Inc. successfully invalidated the mark TESLA CHICKEN & PIZZA. The registration, in the name of Amanj Ali, was registered on 11 August 2020 for food and drink services in Class 43. Ali initially opposed Tesla’s application for...
Thatchers v. Aldi: whose “cider” you on?
Would you confuse the below cider drinks? This was considered in a recent claim brought by Thatchers regarding its Thatchers Cloudy Lemon Cider against Aldi regarding its Tauras Cloudy Cider Lemon in the Intellectual Property Enterprise Court. As explained below, Aldi...
INTA to host virtual legal clinic focused on entreprenuHERship
On Friday, March 8, 2024, at 11 AM EST, the International Trademark Association (INTA) is celebrating International Women’s Day by hosting a virtual legal clinic focused on entreprenuHERship. This online program is a single-day event, designed like a walk-in legal...
More Copyright News
Kat von D in copyright clash over a Miles Davis tattoo
A Los Angeles jury has sided with tattoo artist Kat von D (Drachenberg) in a copyright infringement lawsuit filed by photographer Jeffrey Sedlik. The high-profile case centered around an image that the reality TV star inked onto a friend’s arm, based heavily on...
UK Government prevails in trademark dispute against Windrush Foundation
The Windrush Foundation (the ‘Applicant’), a charity that delivers projects to highlight African and Caribbean peoples’ contributions to the UK, recently filed trademark applications for WINDRUSH MONUMENT, WINDRUSH MEMORIAL, WINDRUSH75, WINDRUSH, and WINDRUSH DAY. The...
Mickey Mouse and the case of overlapping IP
The January 1, 2024 expiration of the 'Steamboat Willie' copyright registration has received a significant amount of attention both in the media and in the legal community. Unfortunately, this attention has often been imprecise and exaggerated, which may lead to a...
Audi defends its emblem against Polish seller
January provided us with crucial guidelines regarding the referential use of trademarks. Following the Inditex case (C-361/22) the Court of Justice of the European Union (CJEU) delivered its long-awaited judgment in the Audi case (C-334/22) responding to the...
International Trademark Association premiers IP Judiciary of the Future Think Tank Video Series
New York, New York—January 31, 2024—The International Trademark Association (INTA) has released the IP Judiciary of the Future Think Tank Video Series. The series features a select panel of judges from jurisdictions around the world. Their wide-ranging conversations,...
KFC v. HFC: the secret herbs and spices in abbreviation trademarks
Can a fast-food business register the trademark HFC for their fried chicken product without infringing on the famous KFC mark? In a win for Grill’d, the Australian Trade Marks Office has said yes, they can. Grill’d is an Australian burger chain that markets itself as...
Will the real Slim Shady please stand up for their IP rights?
On December 15, 2023, Grammy Award-winning rapper Eminem filed a protective order opposing a request by 'Real Housewives of Potomac' stars Gizelle Bryant and Robyn Dixon to be deposed. This is only the latest development in a dispute that has spanned almost a year....
International Trademark Association releases report on intellectual property reporting for brands
New York, New York—January 25, 2024—Addressing long-standing concerns around how intellectual property (IP) is valued and how that value is communicated, both internally within companies and externally beyond the company, the International Trademark Association (INTA)...
Delhi High Court stops trademark infringement of PUMA
The Delhi High Court has recently passed an exhaustive judgment on trademark infringement by an e-commerce platform. The suit was filed by the well-known brand PUMA against an online marketplace, Indiamart. PUMA alleged that Indiamart was facilitating the sale of...
The Cambridge name battle: David v. Goliath
Cambridge, known worldwide for its revered 800-year-old institution, the University of Cambridge, has recently been at the center of legal battles and disputes over the use of its name. The University of Cambridge is flexing its legal muscles to safeguard its...
Superdry and Manchester City clash in trademark infringement action
The owner of the Superdry clothing and retail brand has recently launched a trademark infringement action against Manchester City FC, specifically, for the use of the term ‘Super “DRY”’ on its training kit, as part of its Asahi sponsorship deal. The name of Asahi’s...
Nike v. Skiman: daffy ‘confusingly similar’ to Jordan Jumpman logo
The Jordan Jumpman logo is undoubtedly iconic, representing not just Michael Jordan but also a legacy of excellence in athletics. Nike is known for fiercely protecting its intellectual property, especially iconic logos like the Jumpman. Skiman LLC, a Colorado-based...
Polish e-commerce market leader will not register the mark SMART!
Does the word “smart” only mean “intelligent”? What is the significance of an exclamation mark as part of a trademark applied for? Can earlier European Union Intellectual Property Office (EUIPO) decisions be successfully invoked? These are questions that were raised...
Google v. MakeMyTrip: does use of a trademark as a keyword constitute infringement?
Google operates a search engine called Google Search Engine and runs an advertising program called Google Ads Program. This program displays sponsored links and advertisements, known as 'Google Ads,' on the search engine result page (SERP). MakeMyTrip (India) (P) Ltd....
EVERYBODY VS. RACISM is a sentiment and does not function as a trademark
In November 2023, the US Court of Appeals for the Federal Circuit ("Federal Circuit") affirmed the Trademark Trial and Appeal Board’s ("Board") decision to refuse registration of the mark EVERYONE VS. RACISM on the grounds of failure to function as a trademark. The...
Lights out for Lewis Hamilton in dispute with Swiss watchmaker
In this line of work, it’s vital that we do not conflate our personal perception with that of the ‘average consumer’ — a legal concept that serves as a reference point for assessing trademark disputes. For me, there is no better reminder of this than a recent EUIPO...
Philadelphia Eagles looking to corner the football market on Kelly Green
The National Football League’s Philadelphia Eagles recently submitted an application to register the term "Kelly Green". Kelly Green is the name of the shade of green the team wore for decades until 1995 when it changed to its current “Midnight Green” uniforms. The...
Sweet reassurance: assessing the distinctiveness of 2D and 3D marks in light of the HARIBO Goldbear case
Article 7(1)(b) of the EU Trademark Regulation plays a pivotal role in the registration process, emphasizing the uniqueness required for a mark to be eligible for protection. It is well established that the distinctive character of a mark must be first assessed by...
Dog groomers take their copyright clash to the High Court
“Wash, Wiggle and Wag” is sadly not the latest TikTok craze. Instead, it’s the name at the center of a dispute between two dog groomers in the West Midlands. Much like the infamous “Wagachristie” case, there’s an accompanying social media “smear” campaign between the...
CIPO’s express trademark voyage: accelerating Canada’s application route
Recent developments within the Canadian Intellectual Property Office (CIPO) have stirred considerable interest in Canada's trademark application procedures, scheduled to take effect on January 1, 2024. Canada has long grappled with a reputation for possessing the...
Vans and Walmart reach settlement over lookalike shoes
After nearly two years, Vans and Walmart have settled their long-running dispute. This settlement marks the end of a hefty dispute that was filed on 15 November 2021 by Vans against Walmart, Inc., The Doll Maker, LLC, and Trendy Trading, LLC ("the Complaint"). Vans...
Is modernization finally on the cards for The Bahamas’ antiquated IP legislation?
In a statement to the media on 30 November 2023, Attorney-General and Minister of Legal Affairs L. Ryan Pinder, KC announced that the "entire intellectual property framework" of The Bahamas would be reformed, starting with legislative reform. The Attorney-General...
Navigating the palate: Thatchers v. Aldi in a trademark dispute
In the current High Court battle between Thatchers and Aldi, a unique twist unfolds as the judge is invited to partake in a "taste test." The crux of the matter revolves around proving a breach in the trademark, with Thatchers alleging that Aldi's Taurus cider mirrors...
New Balance triumphs in Delhi High Court: securing well-known trademark status
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...
What’s your beef? Hamburger giants battle it out in Australian Federal Court
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...
Maradona’s legacy in the hands of his heirs: trademarks and their legacy value
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...
Biden’s Executive Order on artificial intelligence holds promise for new intellectual property policies
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...
Exploring the transformation of Vietnam’s Digital Library of Industrial Property
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...
Branding: when opting for an “Easy Life” is anything but because Sir Stelios asserts his rights
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...
What’s in a name? The tragic tale of The Guess Who
“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...
The International Trademark Association announces the first ever Unreal Campaign Week
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...
Delhi High Court protects Red Bull’s signature blue and silver color combination
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...
Taylor Swift’s branding acumen rubs off on NFL boyfriend Travis Kelce
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...
Surge in AI legal cases as companies urgently await clarity on copyright issues
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...
Stripes in the spotlight: Adidas’ latest trademark clash
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...
Trader Joe’s has a big bite!
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...
Domino’s Pizza wins trademark battle against Dominick Pizza
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...
PUMA counterfeiting case: assessing damages based on Local Commissioner Report
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...
Keynote speakers to bring insight, ideas, and inspiration to International Trademark Association’s Leadership Meeting in Houston, Texas
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 invites attendees to presentation by the University of New Hampshire Franklin Pierce School of Law
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,...
Challenges and threats when trademarking unique shapes: the KitKat case
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...
IP rights & AI: what to take away from a recent Indian decision
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...
Copyright for AI-generated works: the boundaries of human authorship
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...
There’s no “advancetrack” in this trademark dispute!
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...
Is New Balance off balance in the face of Golden Goose?
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...
Knives out between Grubhub and Home Chef
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...
INTA files amicus brief on “TRUMP TOO SMALL” free speech challenge to Lanham Act
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. §...
UK Government consults on implementation of Beijing Treaty on Audiovisual Performances
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...
Possible lawsuit by The New York Times against OpenAI could have serious consequences for copyright holders and ChatGPT alike
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...
Disney’s “Wagatha” documentary is set to launch despite Rebekah Vardy trademarking “Wagatha Christie”
The successful registration of the word mark “WAGATHA CHRISTIE” in the UK (UK00003895558) attracted significant press attention back in April 2023. At the time, trademark specialists were surprised by the broad specification applied for. The application covered a wide...
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...
Elon Musk and Tesla win yet another important trademark dispute in China – involving, you guessed it, beer.
What is it about Tesla that has everyone intrigued? Is it the Car, space exploration, the CEO (Elon Musk), the technology, the shameless marketing, or a little bit of everything? Whatever you may think of Elon Musk’s antics, his inventions, or his personality, you...
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...
A kinder approach to trademark law: Ferrero prevails in Delhi High Court case
Facts In a recent ruling, the Delhi High Court has granted interlocutory relief to Ferrero Spa, the renowned confectionery company, in a trademark infringement case against Kamco Chew Food Private Limited and others. The court's order establishes significant...
Transformation consultation II – Modernizing IPO’s services Consultation kicks off work on new digital trademarks and designs services
Government launches consultation as work on new trademarks and designs services starts The UK Government has launched a second consultation on proposed changes to allow the Intellectual Property Office to deliver better digital services. In July, the government...
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
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...
International Trademark Association announces 2nd Open Innovation Challenge to take place in Houston, Texas, in November
In the ongoing pursuit of empowering entrepreneurs and intellectual property (IP) innovation, the International Trademark Association (INTA) has opened registration for its second Open Innovation Challenge (OIC). The OIC is designed to rapidly propel start-up and...
International Trademark Association’s Asia-Pacific Moot Court Competition returns to in-person format in 2023 – registration now open
New York, New York—August 10, 2023—The International Trademark Association (INTA) has launched the 2023 Asia-Pacific Moot Court Competition. Taking place in Singapore from September 1 to 2, the competition will mark a return to an in-person format. INTA began hosting...
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...
Taco John’s surrenders TACO TUESDAY ending epic PR campaign – but asks Taco Bell to put its money where its mouth (full of tacos) is!
TACO TUESDAY is officially free! In May 2023 Taco Bell filed a Cancellation action with the Trademark Trial and Appeal Board and launched a star-studded ad campaign claiming that the registered TACO TUESDAY trademark should be cancelled so everyone could freely use...
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
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
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
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...
Twitter v. Threads – misappropriation of trade secrets and infringement of IP
Intellectual property encompasses a range of rights that safeguard intangible assets, providing creators with exclusive control over their creations for a specified period and includes trademarks, copyrights, patents, industrial designs, trade secrets, and geographic...
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...
Battle of the apples: Apple Inc. locks horns with the Swiss intellectual property authorities
For over a century, the Fruit Union Suisse (“FUS”), one of the oldest fruit farmers organizations in Switzerland, has been representing Swiss fruit growers and advocating for their interests. The FUS displays a logo featuring a red apple adorned with a white cross,...
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
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
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 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...
Lettuce’s trademark twist: unveiling the mesmerizing morphology of leafy legends
In agriculture, IP attorneys typically counsel entrepreneurs and plant breeders to protect plant varieties through plant patents, utility patents, and/or plant variety protection certificates. However, Little Leaf Farms has recently filed an application with the USPTO...
Clarivate Top 100 New Brands Report reveals Mainland China and United States are epicenters of brand creation
From ESPN to Yuga Labs – Software, media, fintech and finance, and electronics brands comprise nearly one-third of the list London, UK, June 29, 2023 – Clarivate Plc (NYSE:CLVT), a global leader in connecting people and organizations to intelligence they can trust to...
Kanye West filed a trademark application for YZY SOCK SHOES: what can we expect?
The “YZY” in YZY SOCK SHOES likely immediately brings Kanye West to mind for most because of West’s well-known Yeezy brand. But in case you do not know who Kanye West is, a bit of background: West is a well-known rapper, fashion designer and entrepreneur. West has...
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...
INTA brings its Trademark Administrators and Practitioners Meeting to Denver, Colorado
New York, New York—June 28, 2023—The International Trademark Association’s (INTA) Trademark Administrators and Practitioners (TMAP) Meeting will be held in Denver, Colorado (USA), from October 1 to October 3. The TMAP Meeting is the premier event for trademark...
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
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...
From love song to lawsuit: Ed Sheeran’s copyright win over Marvin Gaye’s “Let’s Get It On”
Introduction In the realm of music, discussions about similarities and influences between songs are not uncommon. One such case that attracted significant attention was the comparison between Marvin Gaye's iconic track "Let's Get It On" and Ed Sheeran's chart-topping...
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?
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
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
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...
INTA files statement in intervention concerning the timing of grounds for refusal on EU trademark application
New York, New York—June 13, 2023—The International Trademark Association (INTA) has filed a statement in intervention before the Court of Justice of the European Union (CJEU) in European Union Intellectual Property Office (EUIPO) v. Nowhere Co. Ltd (CJEU Case C-337/22...
PERCY PIG Trademarks: M&S asks gelateria to freeze using ‘Perky Pig’ as a gelato name
Following Marks & Spencer’s well-publicised cake dispute with Aldi over Colin the Caterpillar v Cuthbert the Caterpillar, another of M&S’ sweet treats, Percy Pig, recently made the news after M&S sent a letter to Fabio’s Gelato (a gelateria in Hitchin and...
Legendary Polish sports club loses rights to trademark FALUBAZ as filed in bad faith
Did an entity using a trademark under a non-exclusive license granted by the rights holder have the right to register the trademark and subsequently request others to cease using it? The General Court of the European Union issued a judgment in the dispute over the...
CITMA calls for IPO to take urgent action to prevent harm to UK consumers
93% of Chartered Trade Mark Attorneys who responded to a survey have called for the Intellectual Property Office to tackle the issue of unregulated and unqualified representatives. 85% of respondents said that the issues posed by those representatives are...
A ‘Wagatha Christie’ history – Rebekah Vardy trademarks the phrase
Coleen Rooney is the wife of ex-England striker Wayne Rooney, now the manager of D.C. United in the US. Rebekah Vardy is the wife of another ex-England striker, Jamie Vardy. The British tabloids often run stories about the celebrity partners of successful footballers...
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...
Las Vegas law firm sacks the NFL over super bowl commercial involving black and silver uniforms
The Dimopoulos Law Group, a Las Vegas-based personal injury law firm, filed a lawsuit in the United States District of Nevada against the National Football League (“NFL”) and the Las Vegas Raiders on March 1, 2023. After receiving a cease-and-desist letter from the...
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....
Yuga Labs prevail on a summary judgment, protecting Bored Ape Yacht Club NFTs
On April 21, 2023, the US District Court for the Central District of California rendered a very important decision on the plaintiffs’ motion for a summary judgment in the matter of Yuga Labs, Inc. v. Ripps, et al., involving the questions of protection and...
A lesson in trademark rights: Katy Perry ordered to pay damages to Australian designer in trademark name rights dispute
Katy Perry, the world-famous pop singer, has lost a trademark dispute in Australia with a local fashion designer who shares the same name. In 2019, the Australian clothing designer, Katie Perry, sued the "Firework" star after she ignored her trademark rights and sold...
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...
This Mental Health Awareness Week, LawCare is getting the legal community talking about anxiety
Anxiety is the theme of this year’s Mental Health Awareness Week (MHAW) and LawCare, the legal mental health and wellbeing charity, are highlighting the prevalence of anxiety in the legal community. Anxiety is one of the top three reasons people working in the law...
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
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
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.
‘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...