District court failed to draw inferences in favor of nonmoving party in finding no likelihood of confusion. The federal district court in Miami erred in awarding summary judgment for a title insurance company regarding its use of the mark ‘FOREMOST,’ the U.S. Court of Appeals for the Eleventh Circuit has held. The Eleventh Circuit found…
“To grant trade-dress protection for Pocket Plus,” the court said, “would be to hand it a monopoly over the ‘best’ portable-pouch design,” which trademark law precludes. In a trade-dress infringement suit by portable pouch maker Pocket Plus against its direct competitor Running Buddy, an Iowa district court’s grant of summary judgment to Running Buddy was…
A district court was too hasty in rejecting the safe distance rule. A federal district court in Detroit must reconsider its decision to allow the Indian maker of an off-road vehicle to release a redesigned product that ostensibly did not infringe the trade dress of the venerable Jeep brand, the U.S. Court of Appeals for…
The district court erred in considering the failure to produce evidence of actual confusion at this preliminary stage, but the error did not affect the outcome. The U.S. District Court for the District of Delaware correctly denied a preliminary injunction after it concluded that the trademark holder failed to provide evidence of irreparable harm in the absence…
The EUTM Appellate Court of Alicante has confirmed the pan- European injunction preventing the manufacture and commercialization of unauthorized versions of Ferrari’s one-off models by 3D printing Court decision no. 7/23 of 10 February 2023 of the EUTM Court of Alicante has confirmed the interim measures aimed at preventing the manufacture and commercialization of…
The Falsified Medicines Directive (2011/62/EU) (FMD) was introduced in 2011 with the aim of safeguarding the public against medicinal products within the EU whose identity, history or source had been falsified. The FMD requires that the packaging of these products now bears certain safety features, such as a “unique identifier” verifying their authenticity and an…
The General Court of the European Union (“GCEU”), annulling the Board of Appeal (“BOA”) decision, found that L’Oreal’s K K WATER mark is not confusingly similar to Heinze’s earlier K mark. It was not disputed that the hair treatment goods covered by L’Oreal’s K K WATER mark in Class 3 (a sub-brand of its leading house…
The district court applied the wrong legal standard for secondary meaning by requiring evidence of specific association rather than a single, anonymous source. In a trademark case between two competing companies that sell oversize Connect 4 games, the U.S. Court of Appeals in San Francisco has held that a trial is needed to decide trade…
No doubt that it is difficult to come by a registration to a single colour – especially in Denmark. Only two existing registrations for a single colour are in effect currently. One owned by Grundfos Management A/S to for circulating pumps in Class 7 and the other, the most recent single colour registration is from 2022,…
Intellectual property law is designed to confer exclusive protections to intangible assets, to be used in compliance with honest commercial practices. In the absence of a statutory definition of what constitutes bad faith, a body of case law has been necessary to illuminate the threshold of behavioural demerit sufficient to disqualify owners from the benefits…
