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…
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…
