In a case of first impression, the Ninth Circuit ruled that the Madrid Protocol gave a European company priority of right in a trademark even without prior use in commerce. The Ninth Circuit agreed with the California district court that Bacardi’s use of BACARDI UNTAMEABLE for rum did not as a matter of law infringe…

The night setting on contentious administrative appeals in Spain   On 14 January 2023, some rather fundamental changes are going to be implemented regarding trademark proceedings in Spain. These affect, firstly, trademark cancellation proceedings, and secondly, judicial appeals from rulings by the Spanish PTO. Spain is finally joining the rest of the EU Member States…

This decision by the High Court – Lavinia Deborah Osbourne v (1) Individuals Unknown (2) Ozone Networks Inc. – has now confirmed that NFTs should be considered property. The facts of this case are that Ms. Osbourne’s MetaMask wallet was used without her knowledge or permission and two NFTs representing digital pieces of art were…

On 26 November 2021, in BS-10861/2021-SHR, the Danish Maritime and Commercial Court found no likelihood of confusion between the EU-registrations to VITAYUMMY (used as ) and  . Both for chewy vitamins in Class 5. The Court found that chewy vitamins should be considered to be a sub-category of dietary supplements in the form of fruit…

Like the previously invalidated bar on “disparaging” marks, the “immoral/scandalous” marks prohibition violated the First Amendment as a viewpoint-based restriction on free speech. The Lanham Act’s prohibition against registration of “immoral” or “scandalous” trademarks violates the First Amendment as a viewpoint-based restriction on expression, the U.S. Supreme Court has held. A divided Court affirmed a…

In case you are engaged in a “hot dispute” in this hot summer, so as to “cool-off” a bit, this is to start a discussion about settlement options for pending litigation.   [A lawsuit taking a good long snooze …]   A recent decision of the Austrian Supreme Court (short “OGH”) dealt with the procedural…

The LEHMAN BROTHERS mark has been used continuously in the course of winding up the affairs of at least one Lehman Brothers affiliated company. In a case involving competing applications to register the mark LEHMAN BROTHERS, the U.S. Court of Appeals for the Federal Circuit has affirmed a decision by the Trademark Trial and Appeal…

The Ninth Circuit clarified that the first sale doctrine was not meant to be limited to purchasers who do no more than stock, display, and resell a producer’s product. In a trademark infringement suit involving the use of Bluetooth technology in Fiat Chrysler vehicles, the Ninth Circuit in an interlocutory appeal reversed a Washington district…

Poland introduced specialized IP Courts on July 1, 2020, resulting in significant changes to preventive measures, including the conditions for requesting information regarding an infringement of an intellectual property right. The IP Court in Warsaw has in the meantime referred a preliminary question to the Court of Justice (CJEU), namely: does one have to demonstrate…