Case law

On 16 October 2019, the long-awaited opinion of Advocate General Tanchev was handed down in the case of Sky Plc & Ots v SkyKick UK Ltd & Anr (Case C-371/18). The opinion is couched in terms of public…

Single display of trademark on race car and jumpsuit did not establish intent to use the mark for the registered product. In a non-precedential decision, the U.S. Court of Appeals for the Federal…

The German manufacturer’s participation in tradeshows in Colorado was "by chance" and did not indicate "purposeful availment" of the forum state, and its efforts to enforce its asserted trade dress…

The panel remanded an award of attorney fees and prejudgment interest based on its new precedent on what makes for an "exceptional" case for purposes of Section 35 of the Lanham Act. The U.S. Circuit…

Mall operators had actual or constructive knowledge of tenants’ infringement, including prior law enforcement raids and eyewear maker Luxottica’s notifications of trademark infringement. A jury…

On 29 July 2019, the European Court of Justice (CJEU) handed down a ruling that ended a six-year battle over the validity of trademark rights in the name of Red Bull to the combination of the colours…

A licensor’s failure to disclose in discovery an agreement acknowledging that a third party owned the mark was properly sanctioned. Two beach merchandise retailers asserting rights to use the mark …

Are e-commerce websites allowed to sell products of companies engaged in direct selling? The Delhi High Court of India, in its judgment of 8 July 2019, here, held platforms such as Amazon, Flipkart,…

The USPTO properly refused to register ARTISAN NY for clothing because, like the registered mark ARTESANO NEW YORK CITY, the proposed mark conveyed the impression of clothing made by skilled…