Intent-To-Use CBD Claims Go Up In Smoke
…a mark in commerce must be ‘lawful’.” Where the goods are illegal under federal laws, an applicant cannot use its mark on these goods in lawful commerce. This seemingly simple…
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Trademark case: The Trial Lawyers College v. Gerry Spence Trial Lawyers College at Thunderhead Ranch, USA
A district court rightly enjoined a Wyoming trial lawyer training program from purporting to be the “true board” of a competing program from which it had recently split, the U.S….
Trademark case: Motus, LLC v. CarData Consultants Inc., USA
…a U.S. company that provides employee expense reimbursement tools against a Canadian company that used an alleged protected phrase in its website’s meta data. The court found that Motus LLC…
The GC gives the Moon Boot the boot
…not always a simple issue. The alien scratches its couple of heads, climbs back in its starship, and zips away: that little blue world over there seems way too complicated….
Trademark case: Sunbio Corp. v.Biogrand Co. Ltd., USA
Substantial evidence supported the Trademark Trial and Appeal Board’s finding that another company, and not the trademark holder, actually used the mark in commerce. The Trademark Trial and Appeal Board…
A “creative” approach to likelihood of association. Is the GC trying to rewrite the laws?
…that the BOA’s findings about a likelihood of association was based on erroneous assumptions which are unrelated to the reality of the market. According to the applicant, companies never modify…
“#darferdas?”: The European Court of Justice has expanded the registrability of trademarks
…T-shirts – as a simple interrogative phrase composed of common words of the German language inviting the public to discuss the question “darferdas?”. Accordingly, the sign lacked distinctive character. The…
Case law, Denmark, Infringement action, Likelihood of confusion, similarity of goods and services, Similarity of marks
Denmark: No likelihood of confusion between trademarks based on the same fictional character
On 5 November 2021, the Danish Maritime and Commercial High Court (the Court) issued a ruling between Kejser Sausage ApS (‘Kejser Sausage’) and Keyser KBH ApS among others (‘Keyser’). The…
Case law, Confusion, Germany, Likelihood of confusion, National law, National marks, Similarity of marks, Unfair advantage
MARBO RED – A case of likelihood of confusion or exploitation of reputation?
…MARLBORO-marks, the German Federal Patent Court already confirmed a direct likelihood of confusion between the earlier MARLBORO-marks and the opposed mark MARBO RED. Comparing the signs, the Court held that…
2021 Wrap up – EUTMs in Luxembourg
…Company, where the GC had stated that priority for a Community design could be claimed from an earlier patent, and that the priority period depended on the nature of the…