The concept of genuine use of a trademark should be the same for all sorts of products/services, but for pharmaceuticals this is not always the case.
Given the particular regulatory regime which…
In Denmark - as in the EU - it is possible to overcome an absolute ground for refusal based on non-distinctive character of the mark applied for if the applicant is able to provide proof that the…
The panel remanded an award of attorney fees and prejudgment interest based on its new precedent on what makes for an "exceptional" case for purposes of Section 35 of the Lanham Act.
The U.S. Circuit…
What are the limits as regards the use of a well-known trademark to promote a contest? In two similar circumstances, two Spanish courts have reached different conclusions. In this article, we will…
In a recent ruling from 15 August 2019 (BS-6392/2019 SHR) the Danish Maritime and Commercial High Court found that the conditions for issuing a preliminary injunction against the clothing company…
Mall operators had actual or constructive knowledge of tenants’ infringement, including prior law enforcement raids and eyewear maker Luxottica’s notifications of trademark infringement.
A jury…
The German Federal Supreme Court recently ruled that the use of only one trademark in search engine advertisements by Amazon was trademark infringing when the underlying link led to a list of offers…
On 29 July 2019, the European Court of Justice (CJEU) handed down a ruling that ended a six-year battle over the validity of trademark rights in the name of Red Bull to the combination of the colours…
A licensor’s failure to disclose in discovery an agreement acknowledging that a third party owned the mark was properly sanctioned.
Two beach merchandise retailers asserting rights to use the mark "…
On 22 July 2019, the Second Board of Appeal at EUIPO issued a decision partially invalidating the EUTM ‘MONOPOLY’. The reason for the invalidation was that the Board considered the EUTM proprietor to…
