On 10 April 2025, Advocate General (AG) Cápeta delivered her opinion in the matter EUIPO v Nowhere, C-337/22 P, also referred to as APE TEES. The opinion is both surprising and concerning. If the CJEU were to adopt AG Cápeta’s views, this would mean a complete overhaul of EU trademark law as we know it, and…
The Trademark Trial and Appeal Board (TTAB) correctly found opposer’s mark highly descriptive, unsupported by sufficient evidence of acquired distinctiveness and ineligible for protection. The U.S. Court of Appeals for the Federal Circuit affirmed a TTAB decision dismissing an opposition filed by Heritage Alliance and AFA Action, Inc. against American Policy Roundtable’s (APR) application for…
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. Australia launches pilot tool to simplify IP enforcement The Intellectual Property Office in Australia (IP Australia) has recently introduced “IP First Response”, a…
In a previous post titled Trademark Squatting in Kazakhstan: From Russia with Love, we explored how Swedish telecom giant Ericsson successfully defended its trademarks against a Russian company’s attempt to cancel their registration in Kazakhstan. That company, LLC “R-Climate”, a member of the Rusklimat group, had filed lawsuits seeking the early termination of several Ericsson…
As of September 14, 2022, disputes concerning domain names with the ccTLD for Türkiye – “.tr” – are resolved under the TRABİS (“TR Domain Name Information System”) framework by accredited Dispute Resolution Service Providers (“DRS Provider”). This new system aims to resolve domain name ownership and use disputes more effectively. A notable recent development in…
The Eleventh Circuit let stand an injunction barring the use of “KRANK3D” for supplements, in a case brought by the holder of a “KRANKED” mark. An Eleventh Circuit Court of Appeals panel upheld a preliminary injunction barring the use of the “KRANK3D” mark, in a case brought by a company that holds the registered trademark…
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. EU publishes CP15 Common Practice On 12 March 2025, the European Union Intellectual Property Network (EUIPN) published the CP15 Common Practice document which…
Facts This judgment by the GC (available in German and French) concerns three EUTM applications, one for the word “AESKUCARE” and two figurative marks with “AESKUCARE” as their dominant element. The applications covered, among other goods/services, diagnostic products in class 5, medical instruments in class 10, laboratory services in class 42 and medical services in…
The panel said that the district court properly analyzed the strength-of-mark factor as a question of law. The U.S. Court of Appeals for the Second Circuit has affirmed a district court judgment that held the strength-of-mark factor strongly favored PepsiCo, Inc. in a trademark infringement lawsuit brought by RISE canned coffee drink maker RiseandShine Corporation…
The plaintiff failed to show a likelihood of success on the merits of its trademark violation suit. The U.S. Court of Appeals for the Fifth Circuit upheld the district court’s denial of a preliminary injunction against property management company Rampart/Wurth Holding filed by Rampart Resources, a land and real estate services company. The appellate court…
