The jury award of $340,000 for lost profits was not excessive but the trial court gave improper jury instructions on punitive damages. Following a jury trial in Louisville, Kentucky that resulted in a mixed verdict, the federal appeals court in Cincinnati, Ohio has affirmed a jury award of $340,000 for lost profits on a trademark…
Swatch sued Samsung for trademark infringement, arguing that Samsung allowed users to download infringing watch face apps from its Galaxy App Store (“SGA”). The Samsung case[1] shows that the UK courts will take a different view, however, where a tech provider plays an active role in providing an ecosystem for third-party developers. We have previously…
After yet so many decisions denying trademark protection for slogans in Germany, the Federal Patent Court in Germany recently allowed registration of the slogan mark “Who stops you” (decision of the Federal Patent Court in Case 29 W (pat) 523/21). The trademark was filed for a variety of goods in Classes 9, 12 and 25,…
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. Australia completes pilot phase of TM Checker tool On 30 April 2024, IP Australia’s TM Checker tool successfully finished its pilot phase and preceded to its next phase. Read…
Chiquita Brands queens it over Red Queen – General Court, 29 May 2024, T-79/23 The General Court (GC) has annulled another Board of Appeal decision. That in itself is worth reporting as this happens in only about 15% of cases. The Court held that, contrary to the Board’s decision, and despite both marks covering identical…
Diesel SPA (hereafter Diesel Italy) began selling jeans in Italy in 1978. The jeans were sold in Ireland from 1982 onward. In the intervening years, a company based in Monaghan also started to produce jeans under the name Diesel (hereafter referred to as Diesel Ireland). When Diesel Italy applied to register a word and a…
The judgment of the General Court (GC) concerns a textbook case and addresses the typical arguments in trademark conflicts in the cosmetics sector. Facts The Applicant, Azalee Cosmetics, applied for registration of the following sign as an EU trademark for cosmetic products (class 3), cosmetic utensils (class 21), corresponding retail services (class 35) and beauty…
UEFA, governing body of European football (a role that came into spotlight in the recent Super League case, not an IP case, see C-333/21), is slowly turning their attention to Germany, where the European football championship will be held this summer. The tournament’s official name is ‘(UEFA) EURO 2024’, which should come as no surprise,…
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. Australia implements Madrid Goods and Services list With effect from 26 March 2024 the Intellectual Property Office of Australia (IP Australia) transitioned from the current Trade Marks Goods and…
In the third (and final) of our blogs reporting on the UK Court of Appeal decision in Lidl v Tesco, we examine the findings in relation to non-use revocation. At first instance, the judge found that certain trade mark registrations filed by Lidl in 1995, 2002, 2005 and 2007 for its ‘logo without text’ (the…
