The body of law drawn from the precedents set by earlier decisions.
On 18 May 2021, the Polish Supreme Court issued a much awaited ruling to resolve doubts concerning the national limitation period of non-pecuniary claims in trademark matters. The resolution was adopted in the context of an infringement case of the frontline EU trade mark (EUTM) owned by Audi AG (see below). The Supreme Court’s resolution…
Summary Tefal applied to register “a plain red dot affixed centrally to the bottom of a cooking receptacle (such as a pan, saucepan)” (below). The goods covered were “frying pans, saucepans, casseroles, stew-pans, cooking pots, crepe pans, grills, woks” in Class 21. The UK IPO refused the application because Tefal had not shown that…
The German Federal Court of Justice (“BGH”) held in its decision “Papierspender” (“Paper Dispenser”) that a Community design was not automatically caught by the functionality provision of the Community Design Regulation because it had appeared in a patent application. The decision highlights the importance for product developers to keep detailed records, already during product development,…
A party that appeals a Trademark Trial and Appeal Board (TTAB) decision to the Federal Circuit does not waive the right to challenge a subsequent TTAB decision in district court. A North Carolina district court erred in finding that it lacked jurisdiction to hear an appeal of a TTAB decision issued after remand from the…
Widow of longtime MAD artist Don Martin can go forward with mark infringement, publicity rights claims over publications that occurred within Florida’s four-year catch-all statute of limitations. The widow of MAD Magazine cartoonist Don Martin is not time-barred from pursuing trademark infringement and publicity rights claims against the publisher of MAD and DC Comics, to…
Tire maker entitled to recover on injunction bond for wrongful prohibition on sale of certain brand tires. The federal district court in Yakima, Washington, correctly ruled—on remand and in accordance with a prior instruction—that leaving a preliminary injunction in effect after trial was wrongful, the U.S. Court of Appeals in San Francisco has held. However,…
In a recent decision by the First Board of Appeal, Gleissner’s Sherlock Systems satisfied the test for abusive practice in its attempted revocation of the mark, KEYNOTE. Gleissner is infamous within IP circles for his large portfolio of domain names, companies and trade marks, with seemingly little to no goodwill as a foundation. The strategy…
Lengthy use by the Unified Buddhist Church of Vietnam of its unregistered marks was not enough, by itself, to raise a triable issue as to the marks’ protectability. A church that calls itself the Unified Buddhist Church of Vietnam (the “Unified Church”) failed to show that its asserted trademarks had acquired secondary meaning and therefore…
Can coffee be hell? Of course, bad coffee, we knew that. On the other hand, the General Court (GC) has recently confirmed that the sign “HELL” can be protected for coffee-related products as an EU trademark (Hell Energy v EUIPO, T-323/20, available in French and, for the adventurous ones, in Hungarian). The applicant, Hell Energy…
Use of analogous state-law limitations period for Lanham Act Section 43(a) claims was “unsatisfactory”; summary judgment order finding Bayer’s false association and false advertising claims time-barred was vacated. Reasoning that a district court erred by reading a limitations period into the Lanham Act where none existed for Section 43(a) claims, the U.S. Court of Appeals…
