The Third Circuit ruled that Galderma Laboratories owned the trademark to “Restoraderm” pursuant to a 2002 contract between Galderma’s predecessor in interest and the individual inventor of “Restoraderm,” reversing a lower court ruling that the inventor owned the trademark because a subsequent 2004 contract superseded the 2002 agreement. Case date: 26 February 2019 Case number: No….

Yet another trademark dispute has been taken to court by APPLE. This time, APPLE lodged a trademark opposition against the letter „j“ trademark of an Italian incorporation by the name „Steve Jobs“ in front of the Swiss Federal Administrative Court (FAC) (B-1176/2017 (FAC)). After APPLE had failed to cancel the opposed trademark before the Institute…

In India, so-called translation cases, where a later mark is (or is alleged to be) a mere translation of an earlier mark leading to confusion resulting from conceptual similarity, are dealt with under the concept of “deceptive similarity”. While earlier decisions seemed to favour a broad interpretation of this concept, the judgment of the Delhi…

In the beginning of this year a decision regarding the trademark right to the name of the iconic Danish faience set with the thin blue line on the edges, was issued by the Danish Maritime and Commercial Court (Decision no. BS.9705/2017-SHR of 18 January 2019). Both the designer of the faience set as pictured here,…

The discrepancy between the case law using geographical origin as a reason for rejection of a trademark in the EU and at the DKPTO, respectively, is becoming increasingly noticeable; most recently with the judgement from the General Court in T-122/17 DEVIN on the registrability of the geographical name DEVIN. The discrepancy concerns the issue when…

In a recent case from the Swedish Patent and Market Court, the court dismissed Dalecarlia Chocolates AB’s (Dalecarlia) infringement claim of their EU and Swedish 3D marks in relation to chocolate, candy and confectionery (class 30). The 3D marks, depicted below, are formed as a Dala horse – a traditional, wooden horse statue originating from…

The creators of a seminar critical of Applied Underwriters Inc.’s EquityComp insurance program did not infringe or dilute Applied’s federally registered trademarks by using them in the name of their seminar or the promotional materials related to it, the U.S. Court of Appeals in San Francisco has held. In affirming a district court’s dismissal because…