Case law

Previously on the Kluwer Trademark Blog We have amply reported about the Gömböc case before. If you have missed the previous episodes, you may read our post on the request for a preliminary ruling to…

CA 8668/19 CHANEL v. SCENTWISH LTD— Supreme Court decision dated October 31, 2021 The Israeli Supreme Court has recently remanded to the District Court for further review a claim for a declaratory…

The Board erred by failing to consider whether the registered BROOKLYN BREW SHOP mark has acquired distinctiveness for beer-making kits. In an effort by the owners of the mark BROOKLYN BREWERY to…

  Photo by Pascal Debrunner The German Supreme Court (Bundesgerichtshof) has issued a landmark decision on the relationship between national trademark law and the protection of geographical…

Panel confirms that the Trademark Trial and Appeal Board (TTAB) need not find that a German company owned a US trademark rights to pursue a cancelation action. In denying a California piano retailer…

A party that was voluntarily dismissed from an ordinary trademark infringement case was not the "prevailing" party and was not entitled to attorney fees under the Lanham Act or Florida law. The U.S…

Full disclosure of the identity of the restorer and the used nature of the product protects a seller of second-hand goods from liability for a trademark infringement claim. Hamilton International Ltd…

The scope of protection of a trade mark registration is a key question faced by trade mark practitioners when advising on rebrands. The recent Oatly case [Oatly AB v Glebe Farm Foods Limited [2021]…

On 1 September 2021, Sony’s 'Vita' trade mark lost out in genuine use revocation proceedings in the EU General Court (see case T‑561/20). The trade mark Vita had been registered by Sony for a variety…