Case law

In October 2023, the Danish Supreme Court ruled in a trademark case concerning the trademark “TREK”.  In recent years the Danish Supreme Court has rarely dealt with trademark disputes (due to the…

The parodist could not rely on First Amendment protection because it used the famous sneakers as a source identifier. The maker of a sneaker that parodied a famous brand of skateboard-friendly kicks…

The marks are generic both as to “Carnival” and the geographic locations “St Thomas” and “Virgin Islands.” The U.S. Court of Appeals for the Third Circuit affirmed a lower court decision denying the…

The murals were merely hidden from public view, not modified or destroyed. A law school that covered up two controversial murals with acoustic panels in order to hide them from public view did not…

If the third-party marks and opposer’s marks are identical, the opposer’s marks and the applicant’s marks are compared to see if they are identical or non-identical for identical goods or services…

The trade dress of a wedge-shaped candy, colored to resemble a slice of watermelon, was determined to be functional and not eligible for protection under federal trademark law. The U.S. Court of…

Registrability of Works of Art as Trademarks   Recently, the European Union Intellectual Property Office ("EUIPO") and the Hungarian Intellectual Property Office ("HIPO") have been asked in several…

Using country names as trademarks poses unique challenges, often conflicting with public order. Some countries worldwide have specific provisions in their national legislation for registering country…

    In a decision of this year, the District Court of Hamburg confirmed that an online-magazine article about so-called perfume dupes being “smell alikes” of well-known perfumes amounted to trademark…