In its decision of 23 August 2024, the German Federal Patent Court ruled, inter alia, on the question whether a word mark is put into genuine use when it is used as part of a logo and displayed in a unique font (case no. 30 W (pat) 78/21). What happened? The opponent invoked, inter alia,…
District court did not abuse its discretion in determining that defendants’ profits did not result from use of infringing marks for airplane engine fuel injection systems. Though aircraft fuel-injector servo manufacturer Precision Airmotive, LLC, proved that defendants Avco Corporation and AVStar Fuel Systems, Inc., willfully infringed Precision’s federally registered trademark, it was not entitled to…
With an aim to align the Slovenian national industrial property law with the international law, Slovenia started implementing its amended Industrial Property Act. Both the trademark law and the patent laws have been amended to be harmonized with the European Union. A good time to have a chat with Gregor Maček of ITEM d.o.o, who…
There was sufficient evidence for the jury to conclude that the manufacturer wrongfully terminated the distribution agreement. The Third Circuit affirmed a judgment for breach of contract in favor of the distributor of an implantable synthetic bone-grafting product called NanoBone. Plaintiff Artoss, Inc., sued the manufacturer, Artoss GmbH, for breach of contract after it refused…
The court also exceeded its discretion in awarding attorney fees to the plaintiff. The U.S. Court of Appeals for the Fifth Circuit reversed part of a federal district court’s judgment in a trademark dispute between Appliance Liquidation Outlet, L.L.C. (ALO) and Axis Supply Corporation (Axis). The appellate court found that the district court erred in…
District court improperly dismissed Bacardi’s challenge to the PTO decision for lack of subject matter jurisdiction. Finding no provision in the Lanham Act that expressly precludes judicial review of a trademark registration renewal decision by the USPTO Director, the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia has reversed a district…
On June 17, 2024, in the Netherlands, 18 Benelux spirits trademarks owned by Russia – including those for the iconic vodka brands STOLICHNAYA, MOSKOVSKAYA, and NA ZDOROVYE – were auctioned off in one single lot for €1.6 million. Some of these trademarks are also registered at the EUIPO claiming seniority. Interestingly enough, the auction terms…
The jury award of $340,000 for lost profits was not excessive but the trial court gave improper jury instructions on punitive damages. Following a jury trial in Louisville, Kentucky that resulted in a mixed verdict, the federal appeals court in Cincinnati, Ohio has affirmed a jury award of $340,000 for lost profits on a trademark…
Swatch sued Samsung for trademark infringement, arguing that Samsung allowed users to download infringing watch face apps from its Galaxy App Store (“SGA”). The Samsung case[1] shows that the UK courts will take a different view, however, where a tech provider plays an active role in providing an ecosystem for third-party developers. We have previously…
After yet so many decisions denying trademark protection for slogans in Germany, the Federal Patent Court in Germany recently allowed registration of the slogan mark “Who stops you” (decision of the Federal Patent Court in Case 29 W (pat) 523/21). The trademark was filed for a variety of goods in Classes 9, 12 and 25,…
