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…
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 (…
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 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…
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…
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…
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…
The position which the UK may face if it leaves the EU with no deal in place, is discussed in a separate post accessible here.
This post will discuss the Draft Withdrawal Agreement and its…
As set out in our previous post, the UK Government recently published a series of White Papers, detailing their envisioned protocol for the treatment of IP rights, following a no deal Brexit. Shortly…
Whilst it is highly debatable whether the EU Withdrawal Agreement will get through the UK Parliament, the chances are that if any revised deal is struck later, the IP provisions will remain unchanged…
