Case law

“To grant trade-dress protection for Pocket Plus,” the court said, “would be to hand it a monopoly over the ‘best’ portable-pouch design,” which trademark law precludes. In a trade-dress infringement…

A district court was too hasty in rejecting the safe distance rule. A federal district court in Detroit must reconsider its decision to allow the Indian maker of an off-road vehicle to release a…

The district court erred in considering the failure to produce evidence of actual confusion at this preliminary stage, but the error did not affect the outcome. The U.S. District Court for the…

In a recent decision (T-726/21), the General Court (“GC”) confirmed that Rolex SA (“Rolex”) could not prevent the Danish fashion brand “Junk de Luxe” (owned by the company PWT A/S) from registering a…

The decision in question, made by the General Court of the EU – Standard International Management LLC v EUIPO – has clarified that use of EU trade marks in advertisements and offers for sale…

The Falsified Medicines Directive (2011/62/EU) (FMD) was introduced in 2011 with the aim of safeguarding the public against medicinal products within the EU whose identity, history or source had been…

The General Court of the European Union (“GCEU”), annulling the Board of Appeal (“BOA”) decision, found that L’Oreal’s K K WATER mark is not confusingly similar to Heinze’s earlier K mark. It was not…

The district court applied the wrong legal standard for secondary meaning by requiring evidence of specific association rather than a single, anonymous source. In a trademark case between two…

  Another high-profile Louboutin case, although this time it’s less about the protection of the red sole as such than the liability of online retail platforms. The Court of Justice (CJEU) handed down…