The debate over the protection of the iconic “AUDI” logo in Poland is currently being renewed (see here). An injunction was sought by AUDI to stop another party from importing, offering, marketing, and advertising radiator grilles that bear a sign that is identical to or similar to its EU trade mark (“EUTM”) for the following…

Summary The owner of a boutique store, Ms. Kotrri (Applicant), successfully defended her trade mark application before the UKIPO for HOUSE OF ZANA, covering “clothing” in class 25, against apparel retailer, Inditex (Opponent). The Opponent sought to prevent registration on the basis of Sections 5(2)(b) and 5(3) of the Trade Marks Act 1994 and relied…

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…

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…

Read up on the latest news reported by the Kluwer IP Reporter here. Colombia publishes practice paper on figurative marks The Superintendence of Industry and Commerce (SIC) of the Columbian Ministry of Industry, Commerce and Tourism has published a practice paper giving a comprehensive explanation about the principles to examine figurative marks that have descriptive…

The Swiss Federal Supreme Court upheld FIFA’s claim and found that the figurative marks “PUMA WORLD CUP QATAR 2022” and “PUMA WORLD CUP 2022” were misleading. At the same time, it ruled on the counterclaim by Puma that the trademarks “WORLD CUP 2022” and “Qatar 2022” refer descriptively to the World Cup event and are…

The prince and his prince house – where he lived happily ever after  The Swiss Federal Administrative Court, as the appeal authority in opposition proceedings, supported the decision of the FIIP and ruled that there was a likelihood of confusion between the younger trademark “Prinzenhaus” (engl. prince house) and the earlier trademark “Prinz” (engl. prince)…

By Tamara Céline Winegust and Janice Bereskin. On June 17, 2022, it will be three years since the coming into force of major amendments to the Canadian Trademarks Act, and, importantly, three years since the Trademarks Office began registering trademarks without claims of use. In just under a month, those trademarks will start becoming vulnerable to…