Like the previously invalidated bar on "disparaging" marks, the "immoral/scandalous" marks prohibition violated the First Amendment as a viewpoint-based restriction on free speech.
The Lanham Act’s…
In case you are engaged in a “hot dispute” in this hot summer, so as to “cool-off” a bit, this is to start a discussion about settlement options for pending litigation.
[A lawsuit…
Dispute and Facts
Munich SL owns an EU registration of 2004 for the following figurative mark:
This representation means that the crossed stripes are placed on the side of a shoe. The…
Let us start this article by asking two questions - would you be confused by a take-away Chinese and a posh Chinese restaurant in central London even if they share the same name? Will you convince…
The LEHMAN BROTHERS mark has been used continuously in the course of winding up the affairs of at least one Lehman Brothers affiliated company.
In a case involving competing applications to register…
Read up on the latest news reported by the Kluwer IP Reporter here.
Haiti starts using HDB in TMclass
While increasing its participation in TMclass, the Industrial Property Service of the Ministry of…
Yet another Feta case has reached the European Court of Justice (ECJ). This time the question is whether the Kingdom of Denmark is obliged to stop Danish cheese producers from using the protected…
When a IP court awards the winning party the reimbursement of the costs incurred, what exactly can be included in such an award and how to determine its amount is not always obvious. Surely it…
The Ninth Circuit clarified that the first sale doctrine was not meant to be limited to purchasers who do no more than stock, display, and resell a producer's product.
In a trademark infringement…
