Case law

The murals were merely hidden from public view, not modified or destroyed. A law school that covered up two controversial murals with acoustic panels in order to hide them from public view did not…

If the third-party marks and opposer’s marks are identical, the opposer’s marks and the applicant’s marks are compared to see if they are identical or non-identical for identical goods or services…

The trade dress of a wedge-shaped candy, colored to resemble a slice of watermelon, was determined to be functional and not eligible for protection under federal trademark law. The U.S. Court of…

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”…