The Danish Maritime and Commercial Court (hereinafter “the Court”) decided, on 8 January 2025, to refer international trademark registration MP 1408424 for for confectionery in Class 30 (hereinafter referred to as “the teddy bear”) back to the Danish Patent and Trademark Office for renewed examination. The registration is owned by RiGO Trading S.A. which is…
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. Grand Board issues opinion on EUTM application withdrawals and conversion The Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) rendered its decision on the questions…
Evidence that the defending firm’s ads confused consumers was “de minimis,” and online shoppers were savvy enough to distinguish between ads and organic search results. The sophisticated nature of online consumers, the lack of evidence of actual confusion, and other factors weighed against finding that there was a likelihood of confusion from a personal injury…
The General Court (GC) has recently confirmed that the figurative European Union trademark no. 002810299 consisting of two parallel stripes on the side of a shoe lacked distinctiveness (T-307/23 of 23.10.2024 – Jima Projects vs. EUIPO). The decision is noteworthy, as it confirms previous case law that a “branding practice” does not automatically render…
Green trademarks are facing unprecedented scrutiny as 2024 draws to a close. In light of the EUIPO’s latest decisions, it has become increasingly clear that the Office is taking a more rigorous approach when it comes to green trademarks, i.e. trademarks “containing at least one term in their goods and services description that is related…
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. Aden adopts 12th Edition of Nice Classification Aden has officially adopted the 12th edition of the Nice Classification, a significant update that aligns its trademark registration processes with international…
The ‘Hawk Tuah’ meme, popularised by Haliey (sic!) Welch, has prompted several third parties to apply for trademark protection in the EU. Can Welch, the ‘Hawk Tuah Girl’, challenge them? Bad Faith Well, as a first option, Welch could argue that these trademarks were filed in bad faith. In the NEYMAR case (T-795/17), the General…
Federal Circuit rules Illinois litigation privilege bars claims in long-running trade dress dispute, but upholds some counterclaims. In a nonprecedential ruling that could impact how companies settle intellectual property disputes, the U.S. Court of Appeals for the Federal Circuit has overturned a $10 million jury verdict against tire manufacturer Toyo Tire Corporation. The court found…
However, the dissenting group’s use of the trademark on its website did not create a likelihood of confusion where the dissenters clearly identified the dispute between themselves and the Libertarian National Committee. The U.S. Court of Appeals for the Sixth Circuit upheld in part, and denied in part, a district court’s preliminary injunction against the…
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…
