On 30 April 2020 (C-772/18), the Court of Justice of the European Union (“CJEU”) addressed a contentious issue in trademark enforcement. It discussed the definition of “use in the course of trade”,…
An exclusive licensee that did not own the mark outright when the suit began lacked standing to sue for infringement.
An exclusive licensee of a trademark when a trademark infringement suit began…
In the past few weeks, almost contemporaneously, two courts cases dealt with the scope of protection of the PDO “Aceto Balsamico Tradizionale di Modena” and the PGI “Aceto Balsamico di Modena”. Both…
"Reverse trademark confusion" infringement theory suffices for liability but does not support recovery of infringer’s profits.
The U.S. Court of Appeals in Chicago has affirmed a Wisconsin federal…
There was no evidence that the firm’s marks achieved secondary meaning, and the same marks were being used as trademarks as well as service marks in the advertising space.
Plaintiffs and Appellants…
An efficient, reliable and cost-effective route for protecting trademarks globally through the Madrid Agreement or the Madrid Protocol will be beneficial for IP-right holders.
For a period of five…
The Czech Supreme Court issued a judgment in the case of Fiskars Corporation against Mountfield a.s. (23 Cdo 5955/2017-231 dated 29 May 2019). Fiskars sued Mountfield, a home improvement and…
District court correctly held that trademark owner failed to raise genuine factual issue as to secondary meaning of the asserted mark.
A federal district court correctly found that a non-profit…
The Uruguayan Criminal Court of First Instance Specialized in Organized Crime has ordered internet service providers (ISPs) to block websites that retransmit sporting events illegally, thereby…