Can the name of a historical, well known place be registered as a trademark? If we think about the NEUSCHWANSTEIN case (C-488/16), the answer is: yes, it can be registered, provided there is no…
Use of analogous state-law limitations period for Lanham Act Section 43(a) claims was "unsatisfactory"; summary judgment order finding Bayer’s false association and false advertising claims time-…
The Swedish Patent and Market Court (PMD) ruled out a likelihood of confusion between two figurative trademarks for “ghost” and “GHOST VODKA” based on their mere visual differences. In fact, the…
The TTAB acted within its discretion in weighing evidence of functionality and alternative designs.
The Trademark Trial and Appeal Board had sufficient evidence to find that two box designs for…
In the assessment of the similarity of signs, visual, phonetic and conceptual similarity are evaluated and it is not necessary that similarity exist in all three aspects, one can suffice. Nonetheless…
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 top 3 most-read posts from each of our…
The Trademark Trial and Appeal Board (TTAB) erred by not applying the Supreme Court’s two-part Lexmark test in analyzing standing under 15 U.S.C. § 1064 but nevertheless reached the correct result…
On 2 March 2021 the Polish Supreme Court finally decided that the famous Polish boxer Dariusz Michalczewski had won his case against FoodCare sp. z o.o. for the "Tiger" trademark for popular…
Background
On 1st March 2021, an updated version of the EUIPO Guidelines for examination of EU Trade Marks entered into force. Changes can be seen in the ‘track changes’ version. This reveals…
Retailer allegedly created knockoff goods and acted as more than a hands-off intermediary.
Australia-based online retailer Redbubble, Inc., could be directly liable for third-party sellers’…
