Case law

375 articles available

This decision by the High Court – Lavinia Deborah Osbourne v (1) Individuals Unknown (2) Ozone Networks Inc. – has now confirmed that NFTs should be considered property. The facts of this case are…

Primo July we published an article about the Advocate General's opinion on the use of protected designations of origin (PDO) for export to third countries. Read the article here. With the recent…

Like the previously invalidated bar on "disparaging" marks, the "immoral/scandalous" marks prohibition violated the First Amendment as a viewpoint-based restriction on free speech. The Lanham Act’s…

                                            Readers might recall an earlier article (see here) discussing the positions of the General Court (GC) and the EUIPO’s Boards of Appeal (BoA) regarding (dis…

In case you are engaged in a “hot dispute” in this hot summer, so as to “cool-off” a bit, this is to start a discussion about settlement options for pending litigation.     [A lawsuit taking a good…

Let us start this article by asking two questions - would you be confused by a take-away Chinese and a posh Chinese restaurant in central London even if they share the same name? Will you convince…

The LEHMAN BROTHERS mark has been used continuously in the course of winding up the affairs of at least one Lehman Brothers affiliated company. In a case involving competing applications to register…

Yet another Feta case has reached the European Court of Justice (ECJ). This time the question is whether the Kingdom of Denmark is obliged to stop Danish cheese producers from using the protected…

The Ninth Circuit clarified that the first sale doctrine was not meant to be limited to purchasers who do no more than stock, display, and resell a producer's product. In a trademark infringement…