District court did not abuse its discretion in determining that defendants’ profits did not result from use of infringing marks for airplane engine fuel injection systems. Though aircraft fuel-injector servo manufacturer Precision Airmotive, LLC, proved that defendants Avco Corporation and AVStar Fuel Systems, Inc., willfully infringed Precision’s federally registered trademark, it was not entitled to…
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. Brazil launches public consultation for 2025-2030 strategic plan The National Institute of Industrial Property of Brazil (INPI) has initiated a public consultation for its new strategic plan covering the…
In a recent dispute concerning the use of the geographical indication (GI) and Protected Designation of Origin (PDO) “Salaparuta” for Sicilian wine, the Italian Supreme Court has deferred to the Court of Justice of the European Union (CJEU) in order to determine the validity of this GI/ PDO as well as if co-existence is possible…
With an aim to align the Slovenian national industrial property law with the international law, Slovenia started implementing its amended Industrial Property Act. Both the trademark law and the patent laws have been amended to be harmonized with the European Union. A good time to have a chat with Gregor Maček of ITEM d.o.o, who…
Trademark squatting involves registering a trademark identical or similar to an established brand to profit from its reputation. This practice thrives in jurisdictions with weaker trademark laws, often forcing disputes to hinge on bad faith arguments in court. Nowadays, the phenomenon has been evolving and taking various forms. For example, trademark squatters now register domain…
There was sufficient evidence for the jury to conclude that the manufacturer wrongfully terminated the distribution agreement. The Third Circuit affirmed a judgment for breach of contract in favor of the distributor of an implantable synthetic bone-grafting product called NanoBone. Plaintiff Artoss, Inc., sued the manufacturer, Artoss GmbH, for breach of contract after it refused…
The court also exceeded its discretion in awarding attorney fees to the plaintiff. The U.S. Court of Appeals for the Fifth Circuit reversed part of a federal district court’s judgment in a trademark dispute between Appliance Liquidation Outlet, L.L.C. (ALO) and Axis Supply Corporation (Axis). The appellate court found that the district court erred in…
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. Canada proposes changes to trademark regulations On 8 June 2024, the Canadian Intellectual Property Office (CIPO) published its proposed amendments to the Trademarks Regulations in the Canada Gazette and…
Morality and public policy considerations are oft-forgotten as absolute grounds of refusal. However, in the recent “COVIDIOT” case, the EUIPO’s Grand Board of Appeal upheld an earlier decision to refuse an EUTM application pursuant to Article 7(1)(f) EUTMR on the grounds that the applied-for trade mark violated accepted principles of morality. The application was for…
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…
