aural similarity, Case law, conceptual difference, Distinctiveness, Infringement, Level of similarity of marks, Likelihood of confusion, Opposition, Similarity of marks, Switzerland, Trademark

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

Of Sea Lions and SEAT Leons: Swiss Court Weighs in on Automobile Trademarks How different do “animal trademarks” need to be to coexist in the Swiss market? A recent decision from the Swiss Federal Administrative Court offers a compelling answer, resolving a dispute between SEAT S.A. and the trademark “Sea Lion” (fig.), both registered for…

cancellation, Case law, Kazakhstan, Non Use

(National Institute of Intellectual Property Kazakhstan)/ /Leave a comment

Following the strategic cancellation attempts seen in the Ericsson and Sanyo cases, another trademark dispute has reached a Kazakhstani court, this time involving a Ukrainian trademark holder and a cancellation action brought by a Russian claimant. The case concerns the Ukrainian company Kormotech, owner of the internationally registered trademark “КЛУБ 4 ЛАПИ”, and a non-use…

Trademark

, (Stobbs IP)/ /Leave a comment

A recent Court of Appeal decision revolved around the fast-food chain, Morley’s, and use of a similar trade mark by a lesser-known chain called Metro’s (including seven franchisees). Given the reputation of Morley’s in the fast-food industry, it had pre-established good will amongst consumers (having operated since 1985). Conversely, Metro’s has operated since 2015. The…

Case law, India

/ /Leave a comment

In a recent judgement passed by the Hon’ble High Court of Bombay, the social media giant- TikTok was denied recognition as a “well-known” trademark. TikTok filed an application under Rule 124 of the Trade Mark Rules, 2017 for inclusion of their trademark “TikTok” in the list of well-known trademarks maintained by the registrar of trademarks….

Case law, Likelihood of confusion, United States

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

A Texas pawn shop operator had prior common law rights for similar marks and overlapping pawn services, making Dollar Financial’s MONEY MART marks likely to cause confusion. The U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision partially canceling two of Dollar Financial Group, Inc.’s (DFG) registered…

Case law, CJEU, Infringement, Infringement action, Test

(Osborne Clarke, University of Wrocław)/ /Leave a comment

In today’s e-commerce-driven world, the liability of online marketplace like Amazon or eBay for trademark infringement is and remains a hot legal topic. The issue has become increasingly complex as platforms have evolved from mere intermediaries to integrated sellers and service providers. While EU law has harmonized direct trademark infringement across member states, it leaves…

aural similarity, EUIPO, General Court, Likelihood of confusion, phonetic similarity

(BomhardIP)/ /Leave a comment

v. By judgment of 30 April 2025, the General Court of the European Union upheld the decision of the First Board of Appeal of the EUIPO finding a likelihood of confusion between the two figurative trademarks “GEICAR” and “hey car select” (Case T‑338/24). The services at issue were car dealership, general business and marketing, and…

Basmati, Brexit, EUIPO, EUTM, Invalidity, Nowhere, Opposition, relevant Time, Shopify

(BomhardIP)/ /Leave a comment

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…

Case law, Likelihood of confusion, United States

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

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…