The body of law drawn from the precedents set by earlier decisions.
The case of CWS-Lackfabrik Conrad W. Schmidt GmbH & Co. KG v Policolor, looks at traditional issues as likelihood of confusion, but also at the thorny issue of whether earlier rights need to be valid at the time of issuing a decision or only at the relevant date for the cause of action. Lackfabrik owned the…
To what extend can a business claim reputed trademark as a basis for infringement proceedings or for raising objections against another business’ trademark registration in Denmark? A recent judgement of the Danish Maritime and Commercial High Court (the Court) between ECCO and EKKOfonden has given some further guidance on this matter, indicating that even in…
The federal district court in Charlotte, North Carolina, did not err in finding thatGrayson O Company’s registered mark “F 450” for a line of hair care products was not infringed by Agadir International’s hair care products sold under the mark HAIR SHIELD 450°, the U.S. Court of Appeals in Richmond, Virginia, has held. despite the…
The federal district court in Bowling Green, Kentucky, correctly held that a horse-race gambling platform (the “System”) developed by defendant Exacta Systems and used by defendant Kentucky Downs at its horse–racing track, did not infringe the trademarks owned by several plaintiff owners of horse-racing tracks when it displayed information, including the names of the plaintiffs’…
3-D Mark litigation is like life itself – you never know what you’re going to get. And for that reason, it’s all the more enjoyable when a 3-D registration prevails over a knock-off. A notorious trader of perfume imitations was marketing the following perfume bottle – apparently feeling safe about the plaintiff’s product shape, registered…
In a recent case, the Swedish Supreme Court clarified the calculation of damages awarded to a defendant based on a claim of loss of profit due to a preliminary injunction in an unsuccessful infringement case. The court held that the claimant has a strict liability for such damages and that the defendant does not have…
Can a scooter enjoy, contemporaneously, protection as a three-dimensional trademark (hereinafter 3D mark) and under copyright law? Apparently it can, at least according to the Court of Turin, which recently said so, with its decision no. 1900/2017 dating March 17, 2017. The case was started when Piaggio, maker of the scooter Vespa, asserted rights arising…
A federal district court in Los Angeles erred in concluding that Solid 21’s registered word mark RED GOLD was invalid because the mark was a generic term for jewelry items that were made of red gold, the U.S. Court of Appeals in San Francisco has decided. The lower court erred in excluding testimony from Solid…
The Trademark Trial and Appeal Board did not err in refusing to register the mark EMPORIUM ARCADE BAR and Design, absent a disclaimer of the word “EMPORIUM,” in addition to the disclaimed term “ARCADE BAR,” the U.S. Court of Appeals for the Federal Circuit has determined. Substantial evidence supported the Board’s finding that EMPORIUM was…
After some 10 years, the Lambretta saga has finally come to an end, but it might not really matter that much… anymore. LAMBRETTA is a famous vintage brand for scooters, which has been acquired by Scooters India Ltd (yet another famous European vehicle brand that has landed in India). While the scooters as such have not…
