The International Trade Commission (ITC) erred when it reassessed the sufficiency of Laerdal Medical Corp.’s trade dress claims against defaulting respondents after instituting an investigation of the claims, the U.S. Court of Appeals for the Federal Circuit has held. Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. §1337, unambiguously requires the…
On 1 January 2019, the amendments to the Swedish Trademark Act enter into force. In many aspects, the implementation is straightforward and what anyone familiar with EU trademark law would expect. This includes the removal of the requirement for graphical representation, the possibility for the applicant to require an opponent to prove use of an…
The Sofia City Court, Commercial Division reached a landmark decision on November 15, 2018, when it issued a judgement holding that the company REZON Ltd., which manages and operates the on-line marketplace <bazar.bg>, violated the rights of the trademark owner PHILIPP PLEIN. The breach occurred through the use of these trademarks in the commercial activity…
For purposes of the Lanham Act’s fee-shifting provision, “exceptional” cases are those that stand out from others in the manner set forth for Patent Act fee awards in the Supreme Court’s holding in Octane Fitness, the U.S. Court of Appeals in New York City has held, joining several other circuit courts. The Second Circuit vacated…
In law, perhaps one of the most famous aphorisms is “I know it when I see it”, which Justice Potter Stewart used to describe his threshold test for obscenity (in Jacobellis v. Ohio, 378 U.S. 184 (1964)). The CJEU, in case C‑310/17, delivered a decision on copyright which in a way confirms this aphorism and…
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 IP law blogs. Here are the top posts from September, October and November. Top 3 Kluwer Copyright…
The Regional High Court of Nuremberg rejected a request for an interim injunction in a trade mark case on appeal, considering that the defendant had already stopped the trade mark infringement at the time when the applicant (plaintiff) was seeking injunctive relief (judgment of 10 October 2018, 3 W 1932/18). The court decided that it…
Amendments to the Czech and Slovak Trademark Acts implementing the EU trademark reform of 2015 have been recently passed by the respective parliaments. The amendments will become effective on 1 January 2019 in Czechia and on 14 January 2019 in Slovakia. There are 3 major changes to be noted: 1) New definition of a trademark…
The Trademark Trail and Appeal Board erred in finding that there is no likelihood of confusion between Omaha Steaks International’s over two dozen registered marks, each containing the words “Omaha Steaks,” and Greater Omaha Packing Company’s applied for GREATER OMAHA PROVIDING THE HIGHEST QUALITY BEEF mark (the Opposed Mark), the U.S. Court of Appeals for…
The Danish Parliament, Folketinget, passed a new Danish Trademark Act (TMA) on 20 November 2018. The TMA implements the harmonisation of the relevant EU directive (Directive (EU) 2015/2436 of 16 December 2015). The new TMA will implement a number of changes, including: It becomes optional whether or not to have earlier rights cited during the…
