Case law

381 articles available

The business owner’s purported plans to expand to the United States market were vague and conclusory, and his filing of a U.S. trademark application had little bearing on his ability to expand his…

On 30 April 2020 (C-772/18), the Court of Justice of the European Union (“CJEU”) addressed a contentious issue in trademark enforcement. It discussed the definition of “use in the course of trade”,…

On 30 April 2020, Advocate General Giovanni Pitruzzella (AG) delivered his opinion in the matter C809/18 P related to the conditions for application of Article 8(3) of Regulation 2017/1001 which…

The UK High Court has laid out its ruling following CJEU’s decision on SkyKick. To recap, the CJEU ruled that overly broad specifications will not automatically render a registered mark invalid and…

Russian law provides an effective instrument for preventing and detecting import of counterfeit goods and parallel import – the Customs Register of Intellectual Property (“Customs IP Register”). The…

Evidence supported the finding that marks owned by the operator of the San Diego Comic Convention were not generic, and litigation misconduct by the defendant supported a $3.9 million attorney fee…

Expired utility patent described the advantages of product configuration trade dress for "a beveled scalloped upper edge of a metal fastener." The federal district court in Chicago properly…

Red Bull GmbH v Big Horn UK Limited & Ors [2020] EWHC 124 (Ch) This case is an interesting commentary on the route that rights holders can pursue in order to challenge lookalike products…

There is no per se rule providing that dismissal without prejudice of claims involving a fee-shifting statute such as the Lanham Act necessarily causes a defendant to suffer legal prejudice from…