The federal district court in San Diego did not err in ruling on summary judgment that Seal Shield LLC failed to establish that its predecessor had used the mark LIFE PROOF in commerce in connection…
We all know that acquiescence is an absolute defense against infringement which occurs when a proprietor of an earlier mark has acquiesced, for a period of five successive years, to the use of a…
Nvidia Corp v Hardware Labs (GTX) [2016] EWHC 3135 Ch
For manufactures of steam engines in the late 19th century, tactics of systematically threatening to sue your competitors’ customers for…
Following a request for cancellation, the Federal Patent Court decided to cancel a shape mark for sweets arguing that it exclusively consisted of a shape necessary to obtain a technical result …
The UK Court of Appeal’s (Criminal Division) (CoA) judgment in R v C & Ors [2016] EWCA Crim 1617 provides a positive result for brand owners tackling the thorny issue of grey goods. Here, the CoA…
And the winner is… the Oscar. It is hard not to connect the word ‘Oscar’ to the statuette awarded every year in Los Angeles for the best movies, directors, actors and producers. At the same time,…
A recent judgment by the Beijing IP Court has thwarted Apple’s attempts to obtain trademark protection for the standby screen of the iWatch! Apple may appeal this judgment.
On 13 November 2014 Apple…
In a recent decision, the Federal Administrative Court reminded everybody that under Article 5(2)(a) Madrid Protocol, any refusal of protection of an international mark may only be based on the…
An injunction preventing China-based Sun Earth Solar Power Co. and its U.S. affiliate NBSolar, Inc. (collectively, "SESP") from using the trademark "Sun-Earth," while permitting SESP to state within…
