The recent Danish case discussed in the Kluwer Trademark Blog post once again highlighted the long-standing difficulty of protecting product shapes as trademarks. While the Danish Patent and…
A novel approach to trademark infringement was introduced by the Commercial Court of Kosovo in the recent Judgment KE. Nr. 868/25 of March 6, 2026 (“the Judgment”). In this case, the first-instance…
The recent dispute involving British perfumer Jo Malone brings to light an interesting legal question: is it possible for someone to be prevented from using their own name in commercial activities?In…
The Trademark Trial and Appeal Board previously found the name likely to be confused with an existing “Sazerac” mark.A Federal Circuit panel unanimously affirmed the Trademark Trial and Appeal Board …
By a judgment dated 25 March 2026, the Versailles Court of Appeal ruled on an infringement case brought by Hermès. The defendant was marketing bags imitating the famous Birkin and Kelly models that…
Kazakh court decisions demonstrate an inconsistent and, at times, unpredictable approach to non-use in trademark disputes, where even limited forms of use may suffice to maintain broad protection…
One of the most anticipated rulings of the CJEU in trade mark law this year is the one in the IKEA case (C-298/23), which concerns the widely discussed conflict between trade mark rights and freedom…
Decree No. 2025-660 of 18 July 2025, which came into force on 1 September 2025, constitutes a major reform of French civil procedure by establishing the culture of amicable resolution as the guiding…
On appeal, the district court holding that Summit Ice Melt Systems was unlikely to prevail in the lawsuit over a competitor was affirmed, given the sophistication of buyers for their pricy systems…
