The U.S. Court of Appeals affirmed a Seattle district court’s dismissal of trademark infringement and false advertising claims filed against Amazon.com, Inc. by a seller on Amazon. The district court…
In a trademark dispute over use of the brand name ROGUE for clothing, the federal district court in New York City erred by ruling on summary judgment that an apparel manufacturer was the rightful…
Despite recent U.S. Supreme Court cases holding that laches does not apply within the limitations periods for patent and copyright claims, laches is available as a defense to a cancellation claim…
In Germany, the Higher Regional Court Düsseldorf decided that trademark rights were not exhausted in a case where luxury cosmetic products were offered at a German discounter. The Court held that the…
Puma´s earlier mark
Applicant´s mark
By judgment of 28 June 2018 (C‑564/16 P), the CJEU rejected an appeal filed by the EUIPO. The case was, in essence, about whether and to which…
A federal district court’s award of attorney fees under the Lanham Act and Utah’s Truth in Advertising Act (UTIAA) to a defendant following the parties’ stipulation of dismissal has been vacated and…
Substantial evidence supported the Trademark Trial and Appeal Board’s finding that the mark "AQUAPEL" and design for leather and imitation leather hides, furniture covers, and various home goods was…
CJEU, 30 May 2018, C-85/16 P, C-86/16 P - Kenzo Tsujimoto v. EUIPO / Kenzo [KENZO ESTATE]
The fame of the fashion brand KENZO is such that it can be held against the registration of KENZO ESTATE…
Cour de Cassation, Chambre Commerciale, January 31, 2018, Appeal No. C 16-10.761
The French Supreme Court emphasizes that the reputation of the earlier mark is a relevant factor in the assessment of…
