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. India invites suggestions for amending law on GI of goods On 27 September 2024, the Indian government’s Department for Promotion of Industry and Internal Trade (DPIIT) has announced its…
Trademark law has a front-row seat to the rise of greenwashing. Since studies have shown that over 90% of consumers are attracted to brands prioritizing sustainability, the temptation to register and use “green trademarks” is considerable. The EUIPO has noted that from 1996 to 2022, the annual growth rate of green European Union Trademark (EUTM)…
You may know the “Chewbacca Defence” from the South Park cartoon series. Here is a similarly confusing defence, which we named after the national dish of Hungary. The principle of acquiescence is meant to safeguard fairness and stability in commercial practices and trademark use. If a right holder becomes aware of the use of a…
A Puerto Rican chicken company abandoned its mark because it stopped using it for five years and never could offer any evidence of an intent to resume use. The U.S. Court of Appeals for the First Circuit has affirmed a Puerto Rican district court’s grant of summary judgment to To-Ricos for use of the mark…
On October 15, 2024, the Grand Board of Appeal published its reasoned opinion on the questions referred by the Executive Director of EUIPO (Referral of February 22, 2024, already commented here) in case in case R 497/2024-G regarding EUIPO’s practice on conversion. The case deserves a quick recap. In ‘NIGHTWATCH’ (R 1241/2020-4 of 26/09/2022 (already discussed here),…
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…
In September 2024, the Munich Court (Germany) found three defendants guilty of commercial gang fraud for sending misleading invoices to EUIPO customers. Each defendant was sentenced to 1 year and 10 months of imprisonment, suspended with a three-year probation period. The Court also ordered that the confiscation of around €200,000 – the amount the fraudsters…
In the first part of this series, we examined how geopolitical factors have contributed to a rise in trademark squatting, focusing on Russian companies taking advantage of foreign brands’ market exits due to sanctions. In this part, we delve into the case between LLC “ALAYV TRADE” and SANYO Electric Co. Ltd. “ALAYV TRADE” vs SANYO…
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. Australia updates IP fees and costs Following a comprehensive review process, the Intellectual Property office of Australia (IP Australia) has announced changes to fees relating to intellectual property related…
In its decision of 23 August 2024, the German Federal Patent Court ruled, inter alia, on the question whether a word mark is put into genuine use when it is used as part of a logo and displayed in a unique font (case no. 30 W (pat) 78/21). What happened? The opponent invoked, inter alia,…
