As with other aspects of trade mark law, the UK and EU have adopted asymmetrical arrangements about exhaustion post-Brexit. The arrangements result in uneven outcomes on enforcement against parallel…
The Swiss Federal Tribunal has ruled that the shape of the Nespresso capsules is technically necessary and that Nestlé's 3D trademark shall therefore be cancelled (decision 4A_61/2021 of 7 September…
Guerlain, the luxury French perfume, cosmetics and skincare house, has emerged victorious in their three year-long attempt to obtain registration of a three-dimensional EU trade mark in respect of…
The district court on remand failed to explain the reason’s for its summary judgment and order directing the PTO to register a rival restaurant’s mark.
The U.S. Court of Appeals in New York City for…
Under EU trademark law, a trademark may be revoked if it becomes a misleading indication as to the nature, quality or geographical origin of the goods or services it designates after the date on…
Trial evidence supported the district court’s judgment, blocking registration of VAGISAN in the United States.
The federal district court in Alexandria did not err in finding that a German company’s…
The district court’s attorney fee award was reasonable and did not violate First Amendment freedom of speech.
In a trademark infringement case between two civic organizations that promote political…
It is a common occurrence in the lifetime of a brand for ownership to change. In some cases, multiple times as part of corporate restructuring or the sale of a brand. The cost and process for…
According to the German Federal Supreme Court’s decision of 29 July 2021 (Case I ZR 139/20) the gold-colored foil of Lindt’s chocolate bunny is protected by a trademark acquired through use.…
The summary judgment finding by the district court which rejected an air mattress company’s theory of initial-interest confusion and the accompanying jury instruction that a likelihood of confusion…
