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 In a nonprecedential ruling that could impact how companies settle intellectual property disputes, the U.S. Court of Appeals for the Federal Circuit has overturned a $10 million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…
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…
