First it was getting a registration as a trademark for the name of a State (see at https://trademarkblog.kluweriplaw.com/2022/03/28/mission-impossible-register-the-name-of-a-state-as-a-trademark/). Now, it is getting the European Union Court of Justice (CJEU) to review a decision of the General Court (GC) on trademark and design matters arising from the EUIPO Boards of Appeal. As already reported (see at…
The district court erred by failing to analyze infringement under reverse confusion theory. The federal district court in Miami erred by concluding as a matter of law that Amazon.com, Inc.’s Fire TV television set-top box service was unlikely to be confused with Wreal LLC’s subscription-based adult content video streaming service called FyreTV. The district court…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Trademark Blog…
The 2018 Farm Bill—which carved hemp out of the definition of marijuana—made products containing the Delta-8 THC isomer legal, which meant marks for the products could be federally protected. A manufacturer of e-cigarette and vaping products was entitled to a preliminary injunction barring a wholesaler from selling counterfeit versions of the manufacturer’s “Cake”-branded e-cigarette and…
The debate over the protection of the iconic “AUDI” logo in Poland is currently being renewed (see here). An injunction was sought by AUDI to stop another party from importing, offering, marketing, and advertising radiator grilles that bear a sign that is identical to or similar to its EU trade mark (“EUTM”) for the following…
Summary The owner of a boutique store, Ms. Kotrri (Applicant), successfully defended her trade mark application before the UKIPO for HOUSE OF ZANA, covering “clothing” in class 25, against apparel retailer, Inditex (Opponent). The Opponent sought to prevent registration on the basis of Sections 5(2)(b) and 5(3) of the Trade Marks Act 1994 and relied…
Manufacturer of “Mystic Tan” machines failed to show consumers were likely to be confused by salon’s use of its own solution in Mystic Tan booths. The federal district court in Akron, Ohio, did not err in finding that a manufacturer of tanning booths under the mark “Mystic Tan” failed to show a likelihood of success…
The EU trademark law system does not have, unlike the US, a legal concept of “incontestability”. Instead, it has “acquiescence”, a defence against invalidity or infringement actions which can be raised against the owner of an earlier mark who has acquiesced, for a period of five successive years, in the use of a later registered…
In a case of first impression, the Ninth Circuit ruled that the Madrid Protocol gave a European company priority of right in a trademark even without prior use in commerce. The Ninth Circuit agreed with the California district court that Bacardi’s use of BACARDI UNTAMEABLE for rum did not as a matter of law infringe…
The night setting on contentious administrative appeals in Spain On 14 January 2023, some rather fundamental changes are going to be implemented regarding trademark proceedings in Spain. These affect, firstly, trademark cancellation proceedings, and secondly, judicial appeals from rulings by the Spanish PTO. Spain is finally joining the rest of the EU Member States…
