Trademark case: Mrs. Fields Famous Brands, LLC v. MFGPC, USA
…ordering Mrs. Fields to comply with the contract terms. A popcorn manufacturer did not establish a strong likelihood that it will prevail on its claim against Mrs. Fields for specific…
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Clarity and precision: who decides what they mean?
…and precision to enable the competent authorities and economic operators, on that sole basis, to determine the extent of the protection sought. But what if the language used in goods…
Poland joins forces with WIPO to mediate trademark oppositions
…related disputes. To date, however, no cases have become known where parties have actually opted for this new type of mediation. Will you be the first? Useful links www.wipo.int/amc/ https://www.PPO.pl/PPO/_gAllery/87/45/87451/Alternative_Dispute_Resolution_(ADR)_Options_for_Intellectual_Property_and_Technology_Disputes.pdf…
The bad faith conundrum in the EU continues – KOTON, SKY, ANN TAYLOR, NEYMAR, CAFÉ DEL MAR
…trade mark was filed “not with the aim of engaging fairly in competition” there is bad faith, but where there is a “reasonable commercial rationale” and “commercial logic” there is…
Can Pringles use the name Prosecco on their packages? Some reflections on why such use might be lawful
…the crisps’ packages. Indeed. Pringles had not received approval from the Prosecco consortium to use the protected name. Teresa Bellanova, the Italy’s minister of agriculture, vowed to combat this kind…
Bad faith may be found also for different goods or services, says the Court of Justice
…The company Koton Mağazacilik Tekstil Sanayi ve Ticaret AŞ (here in after “Koton”), owner, inter alia, of the trademark reproduced below, registered in classes 18, 25 and 35, filed an…
CJEU – Advocate General in Sky v. Skykick: Scoping Bad Faith
…sufficient clarity or precision; If so, is “computer software” sufficiently clear and precise to avoid such invalidation; Where a party files without an intention to use, can bad faith be…
Trademark case: Cervejaria Petropolis SA v. Ambev S.A., USA
…for the Federal Circuit has affirmed a decision of the Trademark Trial and Appeal Board (TTAB) that the mark FUSION had been abandoned by Brazil-based beverage company Cervejaria Petropolis SA…
Holes in the “central attack” – resilience is a necessity
…result of an action commenced within that period. By many practitioners, the dependency on the basic application/registration is considered a high risk when using the Madrid Agreement or Madrid Protocol…
Czech Republic, Defences, General Court, Infringement, Infringement action, Parallel imports, Supreme Court
Czech Supreme Court in Fiskars: defence of abuse of dominant position by trademark owner in parallel imports litigation not to be axed at once
…were imported from outside the EU. Nonetheless, the defendant claimed that the plaintiff abused its dominant position on the EU market by maintaining excessively high prices compared to those markets…