Case law

375 articles available

Sufficient evidence at trial supported finding that trade dress of iconic French press coffeemaker was nonfunctional; verdict against rival upheld. Bodum USA, Inc. (Bodum), which produces and sells…

District court correctly held that trademark owner failed to raise genuine factual issue as to secondary meaning of the asserted mark. A federal district court correctly found that a non-profit…

Introduction Defendant Masking is a strategy used in India by plaintiffs in IPR suits to avoid detection of the matter in the Cause List by masking the ‘main defendant’ with the other defendants. The…

The mark owner had sent a cease-and-desist letter to the defendant—a competing seller of equipment to the cosmetics industry—more than four years before filing suit, establishing that it knew of the…

Cour de cassation, Chambre commerciale, March 27, 2019, Appeal No. T 17-28.213 The French Supreme Court (Cour de cassation) overturned the judgment of the Paris Court of appeals (here) which had…

District court properly "looked through" an arbitration agreement between two groups competing over rights to the name to determine that it had subject matter jurisdiction under federal trademark law…

The Uruguayan Criminal Court of First Instance Specialized in Organized Crime has ordered internet service providers (ISPs) to block websites that retransmit sporting events illegally, thereby…

On 12 June 2015, four Montevideo stores were detected selling perfumes that used trademarks and imitated the general appearance of trademarked products without authorization. The perfumes were: “HUGO…

In a recent decision[1] the Calcutta High Court (“Court”) upheld the use of the word ‘Darjeeling’ for the 5-star hotel lounge operated by ITC Limited (“ITC”). The ‘Darjeeling lounge’ was introduced…