Registrability of Works of Art as Trademarks   Recently, the European Union Intellectual Property Office (“EUIPO”) and the Hungarian Intellectual Property Office (“HIPO”) have been asked in several cases to examine whether a work of art, in particular a painting, can be registered as a trademark. If a work of art is protected by copyright,…

Using country names as trademarks poses unique challenges, often conflicting with public order. Some countries worldwide have specific provisions in their national legislation for registering country names or letter codes of states as trademarks. The Paris Convention for the Protection of Industrial Property as of 1883 safeguards state symbols from unauthorized registration and use as…

  In a decision of this year, the District Court of Hamburg confirmed that an online-magazine article about so-called perfume dupes being “smell alikes” of well-known perfumes amounted to trademark infringement (decision of 26 January in Case 327 O 130/22). The claimants were exclusive licensees of several well-known trademarks for perfume for the territory of…

  We all know that highly famous marks enjoy a kind of “universal” protection for (almost) any goods and services. However, for only “average” well-known marks”, the threshold of necessary closeness depends on how well-known the trademark is, on the similarity of the marks, and on the type of injury. Background of the case In…

This post is the second of four, considering the decision of Smith J in Lidl v Tesco [2023] EWHC 873 (Ch), focusing on the passing off element of the judgment. Many were surprised that Lidl was successful on this ground, as it was not a traditional case of selling goods as those of another. Background…

The district court failed to analyze the appropriate preliminary injunction factors on a motion to enforce a settlement agreement with factual disputes. In a trademark dispute over the “GTRACING” mark for video game chairs between two Asian-centered businesses, the U.S. Court of Appeals for the Fourth Circuit has lifted an injunction on a motion to…

This post is the first of four looking at the decision of Smith J in Lidl & another v Tesco & another [2023] EWHC 873 (Ch). It will focus on the s.10(3) trade mark infringement elements of the judgment and the potential impact this may have for rights holders. The Court’s findings: of copyright infringement…

The court found that the Trademark Trial and Appeal Board’s (TTAB) decision was supported by substantial evidence. A real estate brokerage’s proposed mark was likely to be confused with a prior registration, the U.S. Court of Appeals for the Federal Circuit has held. The TTAB’s prior analysis as to each of the DuPont factors was supported by…

A long legal battle over the status of “the greatest of all cheeses,” comes to an apparent end. A federal court in Virginia correctly relied on standards of identity written by the Food and Drug Administration to conclude that the word GRUYERE was not entitled to geographical trademark protection, the U.S. Court of Appeals for…

Like many companies in the fashion industry, Christian Louboutin did not seek design patent protection for its shoe designs in Brazil. The red sole trademark application was filed in 2009 in Brazil, at a time when position trademarks were not regulated by the Brazilian trademark law. The regulation of the Brazilian PTO on position trademarks…