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Julius Stobbs , Victoria Leach  (Stobbs IP)
It's not over yet for Skykick
September 28, 2022

The long running dispute between Sky and SkyKick is not due to end any time soon. SkyKick has been granted permission to appeal the 2021 decision of the Court of Appeal to the Supreme Court. The…

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Matthew Hersh  (Wolters Kluwer Legal & Regulatory)
Trademark case: RiseandShine Corp. v. PepsiCo, Inc., USA
September 26, 2022

Pepsi earns reversal of pretrial order that would have required it to stop marketing a new Mountain Dew product. A federal district court was wrong to enjoin Pepsi from continuing to market a canned…

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Peter Schramm  (MLL Meyerlustenberger Lachenal Froriep AG)
FIFA wins in extra time: The Zurich Commercial Court upholds injunction claim against Puma
September 21, 2022

With Judgment of 6 April 2022, the Federal Supreme Court upheld FIFA’s claim that the marks “PUMA WORLD CUP QATAR 2022” and “PUMA WORLD CUP 2022” were misleading, ordered these marks to be removed…

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Sara Parrello  (Bugnion S.p.A) , Fabio Angelini  (Bugnion S.p.A)
NOT EVEN TOM CRUISE. ANOTHER MISSION IMPOSSIBLE…
September 19, 2022

  First it was getting a registration as a trademark for the name of a State (see at http://trademarkblog.kluweriplaw.com/2022/03/28/mission-impossible-register-the-name-of-a-state-as-a-…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
Trademark case: Wreal, LLC v. Amazon.Com, Inc., USA
September 14, 2022

The district court erred by failing to analyze infringement under reverse confusion theory. The federal district court in Miami erred by concluding as a matter of law that Amazon.com, Inc.’s Fire TV…

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Kluwer IP Reporter
Top 3 posts of the summer from our IP law blogs
September 08, 2022

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…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
Trademark case: AK Futures LLC v. Boyd Street Distro, LLC, USA
September 07, 2022

The 2018 Farm Bill—which carved hemp out of the definition of marijuana—made products containing the Delta-8 THC isomer legal, which meant marks for the products could be federally protected. A…

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Agnieszka Sztoldman  (Osborne Clarke, University of Wrocław)
A trade mark referral to the CJEU: spare parts, repair and consumers
September 02, 2022

The debate over the protection of the iconic "AUDI" logo in Poland is currently being renewed (see here). An injunction was sought by AUDI to stop another party from importing, offering, marketing,…

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Julius Stobbs , Monica Ézsiás  (Stobbs IP)
The eye has a tendency to see what it expects to see, but ZARA and ZANA are not confusingly similar
August 31, 2022

Summary The owner of a boutique store, Ms. Kotrri (Applicant), successfully defended her trade mark application before the UKIPO for HOUSE OF ZANA, covering “clothing” in class 25, against apparel…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
Trademark case: Sunless, Inc. v. Palm Beach Tan, Inc., USA
August 27, 2022

Manufacturer of “Mystic Tan” machines failed to show consumers were likely to be confused by salon’s use of its own solution in Mystic Tan booths. The federal district court in Akron, Ohio, did not…

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