The body of law drawn from the precedents set by earlier decisions.
Fairly well, one should say. The three decisions issued to date should dispel some of the fears that many had, as to the capability of the administration of properly substituting the Courts in rectification/cancellation actions for non-use and cancellation/nullity proceedings. [Trademark Ordinance of 13th November 2019 that came into effect on 1st April 2020.] 1….
The TTAB did not abuse its discretion by canceling the registration for HOLLYWOOD BEER as a sanction for repeated and willful failure to comply with the Board’s discovery orders in a cancellation proceeding. The Trademark Trial and Appeal Board did not abuse its discretion in cancelling registration for the mark HOLLYWOOD BEER on the Supplemental…
It is not common that local Indian companies sue multinationals for infringement in India – and win. However, recently, just that happened: Parle Agro Pvt. Ltd. (“Parle ”) sued multinational retail giant Walmart India Pvt. Ltd. and Ors. (“Walmart India”) at the Bombay High Court for violating its trademark/trade-dress when it launched a deceptively similar…
Inspired by my co-blogger Agnieszka Sztoldman’s August post on Teva’s headache over slogan (EU) trade marks, and the mood-lifting granting of protection to the slogan “STIMMUNG HOCH ZWEI” in Austria (see details below), this is to provide an overview on the protection of slogans and taglines in recent Austrian case law. As any other trademarks,…
A manufacturer of chemically strengthened glass sold under the IONEX mark failed to show that Apple’s use of the term Ion-X to describe the glass on the Apple Watch was infringing. A manufacturer of chemically strengthened glass that is marketed under the registered trademark IONEX failed to show that a reasonable jury could find there…
Japanese confectionary company’s Pocky cookie stick’s shape was useful and not entitled to trade-dress protection. A functional design that is useful, even if it is not an essential feature of a product, is not entitled to trade-dress protection, the U.S. Court of Appeals for the Third Circuit determined, affirming dismissal of a trademark lawsuit filed…
At the end of August 2020, the Russian competition authority (the “FAS”) issued two important decisions aimed at allowing a non-authorized import of trademarked products into Russia (so-called “parallel import”). Specifically, the FAS said that two major automotive producers violated competition law by restricting the parallel import of their parts from outside Russia. These decisions…
As readers may recall, the General Court rendered a judgment around two years ago in the Asolo v Red Bull case (known under FLÜGEL – T-150/17 of 4 October 2018) ruling on similarity, or rather dissimilarity, between alcoholic and non-alcoholic beverages. While the FLÜGEL case concerned specifically energy drinks vs. alcoholic drinks, the General Court…
Two years ago the Danish Maritime and Commercial Court (the Commercial Court) ruled in favor of the international flower distributing company Interflora in a case concerning a women’s magazines use of Interflora’s famous slogan SIG DET MED BLOMSTER (in English SAY IT WITH FLOWERS) (case no. BS9384/2017). The magazine had used the sentence in connection…
On 11th September 2020, the European Commission (EC) published India’s Protected Geographical Indication (PGI) application for ‘Basmati’ under EU Regulation No. 1151/2012 (Regulation). While the origin of Basmati has been contested within India itself, there is opposition by other countries in the Indian subcontinent. Here we identify two critical issues that lead to wider debates…
