District court improperly dismissed Bacardi’s challenge to the PTO decision for lack of subject matter jurisdiction. Finding no provision in the Lanham Act that expressly precludes judicial review of a trademark registration renewal decision by the USPTO Director, the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia has reversed a district…
Already in 2019, the Austrian Supreme Court (“OGH”) had confirmed the lower instance decisions cancelling the Austrian figurative mark “SW Sophienwald” for being decriptive of its geographical origin for glassware and related goods in classes 14, 21 and 33 (decision of 26.11.2019, case 4 Ob 152/19k, please refer to my prior blog post here). One year…
In February 2023, we reported the NIGHTWATCH decision of the Fourth Board of Appeal of the EUIPO addressing conversion of EUTMs, and more specifically, whether conversion can be filed where the EUTM (application) was withdrawn or surrendered after a first-instance decision refusing or invalidating it but before the appeal period has expired. The EUIPO in…
The International Association for the Protection of Intellectual Property (AIPPI) plays a crucial role in shaping intellectual property law worldwide with its diverse range of Standing Committees and its unique resolutions. Among these, resolutions on trade marks stand out for their impact on global trade mark law harmonisation and development. The Journey Begins: Study Questions…
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. Albania adopts CP8 Common Practice With an aim to enhance transparency, legal certainty and predictability for the benefit all stakeholders, the General Directorate of Industrial Property (GDIP) of the…
A recent decision of the Higher Regional Court Vienna (OLG Vienna), second – and often last – instance in cancellation and revocation proceedings in Austria, showcases the risks of a mismatch between trademark specifications and actual trademark use. We are all aware that EU trademark law allows for trademarks to be registered for a vast…
On June 17, 2024, in the Netherlands, 18 Benelux spirits trademarks owned by Russia – including those for the iconic vodka brands STOLICHNAYA, MOSKOVSKAYA, and NA ZDOROVYE – were auctioned off in one single lot for €1.6 million. Some of these trademarks are also registered at the EUIPO claiming seniority. Interestingly enough, the auction terms…
With its long-awaited BASMATI judgment of 20 June 2024, the CJEU dismissed EUIPO’s appeal. According to the CJEU, the GC was right to uphold Indo’s action. The cease of effect of the earlier right invoked in an opposition after the BoA decision the annulment of which is requested before the GC does not mean that…
The Manual IP, also known as the Brown Book, is a comprehensive publication. It covers a lot of information on patents/utility models, trademarks and designs for 240 jurisdictions around the world. To keep this information up to date is a large task for us as publisher, but also for the many local authors that review…
The jury award of $340,000 for lost profits was not excessive but the trial court gave improper jury instructions on punitive damages. Following a jury trial in Louisville, Kentucky that resulted in a mixed verdict, the federal appeals court in Cincinnati, Ohio has affirmed a jury award of $340,000 for lost profits on a trademark…
