Case law

378 articles available

The record, however, supported that "Bayside Breeze" mark was not infringed by "Boardwalk Breeze" as a matter of law. In a trademark infringement suit between competing sellers of automotive air…

Fairly well, one should say. The three decisions issued to date should dispel some of the fears that many had, as to the capability of the administration of properly substituting the Courts in…

The TTAB did not abuse its discretion by canceling the registration for HOLLYWOOD BEER as a sanction for repeated and willful failure to comply with the Board’s discovery orders in a cancellation…

It is not common that local Indian companies sue multinationals for infringement in India – and win. However, recently, just that happened: Parle Agro Pvt. Ltd. (“Parle ”) sued multinational retail…

Inspired by my co-blogger Agnieszka Sztoldman’s August post on Teva’s headache over slogan (EU) trade marks, and the mood-lifting granting of protection to the slogan “STIMMUNG HOCH ZWEI” in Austria …

A manufacturer of chemically strengthened glass sold under the IONEX mark failed to show that Apple’s use of the term Ion-X to describe the glass on the Apple Watch was infringing. A manufacturer of…

Japanese confectionary company’s Pocky cookie stick’s shape was useful and not entitled to trade-dress protection. A functional design that is useful, even if it is not an essential feature of a…

At the end of August 2020, the Russian competition authority (the “FAS”) issued two important decisions aimed at allowing a non-authorized import of trademarked products into Russia (so-called …

As readers may recall, the General Court rendered a judgment around two years ago in the Asolo v Red Bull case (known under FLÜGEL - T-150/17 of 4 October 2018) ruling on similarity, or rather…