In front of the Basic Civil Court Skopje, in Skopje, Republic of North Macedonia (“The Civil Court”) in 2022 a case has been initiated between two companies in the konditorei industry, one from Republic of Serbia (the plaintiff) and the other one from the Republic of North Macedonia (the defendant). The basis of the dispute…
The Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB or the “Board”) decision to cancel a mark based on priority of use, despite the Appellant’s argument that an declarations to show an assignment of a mark lack foundation and are based on hearsay. The U.S. Court of Appeals for the Federal Circuit affirmed…
First Circuit affirmed denial of injunction, noting that confusion due to proximity of businesses and both trading off of the same historical legend “is not the type of confusion that trademark owners may prevent.” The First Circuit Court of Appeals in Boston has affirmed the denial of injunctive relief sought by the owner of a…
Stay informed with our comprehensive roundup of the past month’s headlines, all neatly compiled for you in one convenient post. Catch up on the latest news reported by the Kluwer IP Reporter. Canada introduces project on Registrar-initiated non-use trademark proceedings The Canadian Intellectual Property Office (CIPO) has recently initiated a pilot project to proactively issue…
Selling company equity or stock shares does not constitute use of a trademark “in connection with goods or services” under the Lanham Act. In a ruling that clarifies the boundaries of federal trademark protection, the U.S. Court of Appeals for the Ninth Circuit has determined that companies cannot claim trademark infringement when competitors use similar…
The Danish Maritime and Commercial Court (hereinafter “the Court”) decided, on 8 January 2025, to refer international trademark registration MP 1408424 for for confectionery in Class 30 (hereinafter referred to as “the teddy bear”) back to the Danish Patent and Trademark Office for renewed examination. The registration is owned by RiGO Trading S.A. which is…
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Grand Board issues opinion on EUTM application withdrawals and conversion The Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) rendered its decision on the questions…
Evidence that the defending firm’s ads confused consumers was “de minimis,” and online shoppers were savvy enough to distinguish between ads and organic search results. The sophisticated nature of online consumers, the lack of evidence of actual confusion, and other factors weighed against finding that there was a likelihood of confusion from a personal injury…
The General Court (GC) has recently confirmed that the figurative European Union trademark no. 002810299 consisting of two parallel stripes on the side of a shoe lacked distinctiveness (T-307/23 of 23.10.2024 – Jima Projects vs. EUIPO). The decision is noteworthy, as it confirms previous case law that a “branding practice” does not automatically render…
Green trademarks are facing unprecedented scrutiny as 2024 draws to a close. In light of the EUIPO’s latest decisions, it has become increasingly clear that the Office is taking a more rigorous approach when it comes to green trademarks, i.e. trademarks “containing at least one term in their goods and services description that is related…
