The German Federal Court of Justice (“BGH”) held in its decision “Papierspender” (“Paper Dispenser”) that a Community design was not automatically caught by the functionality provision of the…
A party that appeals a Trademark Trial and Appeal Board (TTAB) decision to the Federal Circuit does not waive the right to challenge a subsequent TTAB decision in district court.
A North Carolina…
Widow of longtime MAD artist Don Martin can go forward with mark infringement, publicity rights claims over publications that occurred within Florida’s four-year catch-all statute of limitations.
The…
Tire maker entitled to recover on injunction bond for wrongful prohibition on sale of certain brand tires.
The federal district court in Yakima, Washington, correctly ruled—on remand and in…
In a recent decision by the First Board of Appeal, Gleissner’s Sherlock Systems satisfied the test for abusive practice in its attempted revocation of the mark, KEYNOTE.
Gleissner is infamous within…
Lengthy use by the Unified Buddhist Church of Vietnam of its unregistered marks was not enough, by itself, to raise a triable issue as to the marks’ protectability.
A church that calls itself the…
Can coffee be hell? Of course, bad coffee, we knew that. On the other hand, the General Court (GC) has recently confirmed that the sign “HELL” can be protected for coffee-related products as an EU…
Use of analogous state-law limitations period for Lanham Act Section 43(a) claims was "unsatisfactory"; summary judgment order finding Bayer’s false association and false advertising claims time…
The Swedish Patent and Market Court (PMD) ruled out a likelihood of confusion between two figurative trademarks for “ghost” and “GHOST VODKA” based on their mere visual differences. In fact, the…
