Case law

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/)…

In its TARGET VENTURES decision of 28 October 2020 (T-273/19), the General Court stated that there could be bad faith when there were objective indicia of a dishonest intention of the trademark owner…

In granting summary judgment, the district court incorrectly assumed that "actual use" of unregistered service mark requires actual sales and revenue generation. A federal district court applied an…

In a recent case, the German Federal Patent Court had to deal with an interesting phenomenon among word marks called "disemvoweling", a wordplay whereby the vowels of a word or text are removed …

Last year, the European Court of Justice (ECJ) took a decision clarifying the effects of the “Praktiker” decision on trademarks registered for “retail services” without further specifications in…

On 18 May 2021, the Polish Supreme Court issued a much awaited ruling to resolve doubts concerning the national limitation period of non-pecuniary claims in trademark matters. The resolution was…