Infringement

On 25 January 2024 the CJEU issued the long-awaited judgement in the already famous AUDI case (C-334/22). This judgment confirms the possibility of Audi trade mark infringement in terms of the legal…

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 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…

  The Delhi High Court recently in the case of Coty Germany GmBH v. Xeryus Retail Private Limited (CS(COMM) 1298/2018 & I.A. 8603/2023) permanently restrained two websites, namely  perfumery.co.in…

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP…

    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…

“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 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…