Case law

The scope of protection of a trade mark registration is a key question faced by trade mark practitioners when advising on rebrands. The recent Oatly case [Oatly AB v Glebe Farm Foods Limited [2021]…

On 1 September 2021, Sony’s 'Vita' trade mark lost out in genuine use revocation proceedings in the EU General Court (see case T‑561/20). The trade mark Vita had been registered by Sony for a variety…

Substantial evidence supported the Board’s likelihood of confusion finding. Substantial evidence supported the Trademark Trial and Appeal Board’s finding that registration of the mark FOCUSVISION for…

The district court on remand failed to explain the reason’s for its summary judgment and order directing the PTO to register a rival restaurant’s mark. The U.S. Court of Appeals in New York City for…

Trial evidence supported the district court’s judgment, blocking registration of VAGISAN in the United States. The federal district court in Alexandria did not err in finding that a German company’s…

The district court’s attorney fee award was reasonable and did not violate First Amendment freedom of speech. In a trademark infringement case between two civic organizations that promote political…

  According to the German Federal Supreme Court’s decision of 29 July 2021 (Case I ZR 139/20) the gold-colored foil of Lindt’s chocolate bunny is protected by a trademark acquired through use. The…

The summary judgment finding by the district court which rejected an air mattress company’s theory of initial-interest confusion and the accompanying jury instruction that a likelihood of confusion…

As you may recall, the CJEU in cases C-449/18P and C-474/18P of 17 September 2020, (see http://trademarkblog.kluweriplaw.com/2020/09/23/lionel-messi-scores-his-surname-trade-mark-the-cjeus-own-goal/)…