Case law

378 articles available

Like many companies in the fashion industry, Christian Louboutin did not seek design patent protection for its shoe designs in Brazil. The red sole trademark application was filed in 2009 in Brazil,…

The Chinese company acted with the requisite bad faith under the ACPA when it bought and re-registered the domain name, which was identical to several registered trademarks owned by the insurance and…

District court failed to draw inferences in favor of nonmoving party in finding no likelihood of confusion. The federal district court in Miami erred in awarding summary judgment for a title…

“To grant trade-dress protection for Pocket Plus,” the court said, “would be to hand it a monopoly over the ‘best’ portable-pouch design,” which trademark law precludes. In a trade-dress infringement…

A district court was too hasty in rejecting the safe distance rule. A federal district court in Detroit must reconsider its decision to allow the Indian maker of an off-road vehicle to release a…

The district court erred in considering the failure to produce evidence of actual confusion at this preliminary stage, but the error did not affect the outcome. The U.S. District Court for the…

In a recent decision (T-726/21), the General Court (“GC”) confirmed that Rolex SA (“Rolex”) could not prevent the Danish fashion brand “Junk de Luxe” (owned by the company PWT A/S) from registering a…

The decision in question, made by the General Court of the EU – Standard International Management LLC v EUIPO – has clarified that use of EU trade marks in advertisements and offers for sale…

The Falsified Medicines Directive (2011/62/EU) (FMD) was introduced in 2011 with the aim of safeguarding the public against medicinal products within the EU whose identity, history or source had been…