The General Court did not agree with the arguments raised by the Applicant (VistaJet ltd.) in support of their challenge of the First Board of Appeal decision[1]. The mark was found to be too simplistic to have any distinctive character. The Applicant, VistaJet ltd., applied for a position mark consisting “of a horizontal red stripe…
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…
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…
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…
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….
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…
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…
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. Bahrain adopts 12th edition of NICE Classification On 9 April 2025, the Kingdom of Bahrain officially implemented the 12th edition of the International…
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…
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…
