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,…
Deutsche Telekom’s Benelux trademark registration for a magenta colour mark was invalidated by the Benelux Office for Intellectual Property (BOIP) because it was unable to prove acquired distinctiveness throughout the Benelux[1]. The decision is an important reminder that non-traditional trademarks are often found to be ab initio devoid of distinctive character, and that the bar…
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…
