Case law

375 articles available

In a recent case, the German Federal Patent Court had to deal with an interesting phenomenon among word marks called "disemvoweling", a wordplay whereby the vowels of a word or text are removed …

Last year, the European Court of Justice (ECJ) took a decision clarifying the effects of the “Praktiker” decision on trademarks registered for “retail services” without further specifications in…

On 18 May 2021, the Polish Supreme Court issued a much awaited ruling to resolve doubts concerning the national limitation period of non-pecuniary claims in trademark matters. The resolution was…

Summary Tefal applied to register “a plain red dot affixed centrally to the bottom of a cooking receptacle (such as a pan, saucepan)” (below). The goods covered were “frying pans, saucepans,…

The German Federal Court of Justice (“BGH”) held in its decision “Papierspender” (“Paper Dispenser”) that a Community design was not automatically caught by the functionality provision of the…

A party that appeals a Trademark Trial and Appeal Board (TTAB) decision to the Federal Circuit does not waive the right to challenge a subsequent TTAB decision in district court. A North Carolina…

Widow of longtime MAD artist Don Martin can go forward with mark infringement, publicity rights claims over publications that occurred within Florida’s four-year catch-all statute of limitations. The…

Tire maker entitled to recover on injunction bond for wrongful prohibition on sale of certain brand tires. The federal district court in Yakima, Washington, correctly ruled—on remand and in…

In a recent decision by the First Board of Appeal, Gleissner’s Sherlock Systems satisfied the test for abusive practice in its attempted revocation of the mark, KEYNOTE. Gleissner is infamous within…