Registrability of Works of Art as Trademarks
Recently, the European Union Intellectual Property Office ("EUIPO") and the Hungarian Intellectual Property Office ("HIPO") have been asked in several…
Using country names as trademarks poses unique challenges, often conflicting with public order. Some countries worldwide have specific provisions in their national legislation for registering country…
In a decision of this year, the District Court of Hamburg confirmed that an online-magazine article about so-called perfume dupes being “smell alikes” of well-known perfumes amounted to trademark…
We all know that highly famous marks enjoy a kind of “universal” protection for (almost) any goods and services. However, for only “average” well-known marks”, the threshold of necessary…
This post is the second of four, considering the decision of Smith J in Lidl v Tesco [2023] EWHC 873 (Ch), focusing on the passing off element of the judgment. Many were surprised that Lidl was…
The district court failed to analyze the appropriate preliminary injunction factors on a motion to enforce a settlement agreement with factual disputes.
In a trademark dispute over the “GTRACING”…
This post is the first of four looking at the decision of Smith J in Lidl & another v Tesco & another [2023] EWHC 873 (Ch). It will focus on the s.10(3) trade mark infringement elements of the…
The court found that the Trademark Trial and Appeal Board’s (TTAB) decision was supported by substantial evidence.
A real estate brokerage’s proposed mark was likely to be confused with a prior…
A long legal battle over the status of “the greatest of all cheeses,” comes to an apparent end.
A federal court in Virginia correctly relied on standards of identity written by the Food and Drug…
