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,…
Deutsche Telekom’s Benelux trademark registration for a magenta colour mark was invalidated by the Benelux Office for Intellectual Property (BOIP) because it was unable to prove acquired distinctiveness throughout the Benelux[1]. The decision is an important reminder that non-traditional trademarks are often found to be ab initio devoid of distinctive character, and that the bar…
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…
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Brazil launches public consultation for 2025-2030 strategic plan The National Institute of Industrial Property of Brazil (INPI) has initiated a public consultation for its new strategic plan covering the…
In a recent dispute concerning the use of the geographical indication (GI) and Protected Designation of Origin (PDO) “Salaparuta” for Sicilian wine, the Italian Supreme Court has deferred to the Court of Justice of the European Union (CJEU) in order to determine the validity of this GI/ PDO as well as if co-existence is possible…
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…
Trademark squatting involves registering a trademark identical or similar to an established brand to profit from its reputation. This practice thrives in jurisdictions with weaker trademark laws, often forcing disputes to hinge on bad faith arguments in court. Nowadays, the phenomenon has been evolving and taking various forms. For example, trademark squatters now register domain…
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…
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Canada proposes changes to trademark regulations On 8 June 2024, the Canadian Intellectual Property Office (CIPO) published its proposed amendments to the Trademarks Regulations in the Canada Gazette and…
