Case law

The General Court (GC) recently overturned a decision from the EUIPO that an opposition based on earlier UK unregistered rights be rejected as, following the withdrawal of the UK from the EU,…

On 4 March 2021, the Danish Maritime and Commercial High Court (the Court) issued a decision between Mads Heindorf Jewellery (Mads Heindorf) and the company Heindorf Diamonds. The dispute regarded…

The Madrid Protocol makes it possible to extend protections from an international registration to the United States. A United States District Court has just cautioned practitioners that they must…

The jury instruction improperly stated that the plaintiff was required to show willfulness for an award of profits. Jury instructions given during a trial over whether a whale-watching company and…

In January 2020, Volkswagen (VW, the Opponent) filed an opposition against this trade mark application, alleging a likelihood of confusion with its earlier 3D shape registrations . The Applicant’s…

The Trademark Trial and Appeal Board (TTAB) properly refused to register the mark “.SUCKS,” in standard characters and a stylized pixelated font, for failure to function as mark for the applicant’s…

This case ABP Technology Ltd v Voyetra Turtle Beach, Inc. & Anor (Rev1) [2021] – EWHC 3096 (Ch) (19 November 2021) concerns two parties using highly similar/identical marks (STEALTH) on identical…

Traditional limitations on trademarking a personal name give way to free speech interests when it comes to prominent public officials. The Trademark Trial and Appeal Board violated the First…

In the US an intent-to-use (“ITU”) trademark application may be filed by “a person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in…