We all know that highly famous marks enjoy a kind of “universal” protection for (almost) any goods and services. However, for only “average” well-known marks”, the threshold of necessary…
This post is the second of four, considering the decision of Smith J in Lidl v Tesco [2023] EWHC 873 (Ch), focusing on the passing off element of the judgment. Many were surprised that Lidl was…
The district court failed to analyze the appropriate preliminary injunction factors on a motion to enforce a settlement agreement with factual disputes.
In a trademark dispute over the “GTRACING”…
This post is the first of four looking at the decision of Smith J in Lidl & another v Tesco & another [2023] EWHC 873 (Ch). It will focus on the s.10(3) trade mark infringement elements of the…
The court found that the Trademark Trial and Appeal Board’s (TTAB) decision was supported by substantial evidence.
A real estate brokerage’s proposed mark was likely to be confused with a prior…
A long legal battle over the status of “the greatest of all cheeses,” comes to an apparent end.
A federal court in Virginia correctly relied on standards of identity written by the Food and Drug…
Like many companies in the fashion industry, Christian Louboutin did not seek design patent protection for its shoe designs in Brazil. The red sole trademark application was filed in 2009 in Brazil,…
The Chinese company acted with the requisite bad faith under the ACPA when it bought and re-registered the domain name, which was identical to several registered trademarks owned by the insurance and…
District court failed to draw inferences in favor of nonmoving party in finding no likelihood of confusion.
The federal district court in Miami erred in awarding summary judgment for a title…
