Case law

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…

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our…

Polish Supreme Court, Civil Chamber, 9 May 2019, Case No. I CSK 263/18 The Polish Supreme Court (Sąd Najwyższy) overturned the judgment of the Warsaw Court of Appeal (case no. I ACa 962/16) on the…

Sufficient evidence at trial supported finding that trade dress of iconic French press coffeemaker was nonfunctional; verdict against rival upheld. Bodum USA, Inc. (Bodum), which produces and sells…

District court correctly held that trademark owner failed to raise genuine factual issue as to secondary meaning of the asserted mark. A federal district court correctly found that a non-profit…

Introduction Defendant Masking is a strategy used in India by plaintiffs in IPR suits to avoid detection of the matter in the Cause List by masking the ‘main defendant’ with the other defendants. The…