District court erred in dismissing infringement claims for failure to articulate trade dress with precision; unfair competition claims revived as federal claims reinstated. The U.S. Court of Appeals for the Second Circuit vacated and remanded a federal district court’s dismissal of a motorcycle helmet maker’s trade dress infringement and unfair competition claims against H&H Sports…
Stay informed with our comprehensive roundup of the past month’s headlines, all neatly compiled for you in one convenient post. Catch up on the latest news reported by the Kluwer IP Reporter. China updates Madrid Protocol requirements for collective and certification marks On 16 January 2025, the China National Intellectual Property Administration (CNIPA) notified the…
In my previous articles—Trademark Squatting in Kazakhstan: From Russia with Love and its Part II—I reported cases where Russian companies attempted to register trademarks of well-known foreign brands in Kazakhstan. This post is now about the equivalent problem in the digital space, where cybersquatting has become a pressing issue: domain names identical or similar to…
In front of the Basic Civil Court Skopje, in Skopje, Republic of North Macedonia (“The Civil Court”) in 2022 a case has been initiated between two companies in the konditorei industry, one from Republic of Serbia (the plaintiff) and the other one from the Republic of North Macedonia (the defendant). The basis of the dispute…
The Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB or the “Board”) decision to cancel a mark based on priority of use, despite the Appellant’s argument that an declarations to show an assignment of a mark lack foundation and are based on hearsay. The U.S. Court of Appeals for the Federal Circuit affirmed…
First Circuit affirmed denial of injunction, noting that confusion due to proximity of businesses and both trading off of the same historical legend “is not the type of confusion that trademark owners may prevent.” The First Circuit Court of Appeals in Boston has affirmed the denial of injunctive relief sought by the owner of a…
Stay informed with our comprehensive roundup of the past month’s headlines, all neatly compiled for you in one convenient post. Catch up on the latest news reported by the Kluwer IP Reporter. Canada introduces project on Registrar-initiated non-use trademark proceedings The Canadian Intellectual Property Office (CIPO) has recently initiated a pilot project to proactively issue…
Selling company equity or stock shares does not constitute use of a trademark “in connection with goods or services” under the Lanham Act. In a ruling that clarifies the boundaries of federal trademark protection, the U.S. Court of Appeals for the Ninth Circuit has determined that companies cannot claim trademark infringement when competitors use similar…
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…
