The EU trademark law system does not have, unlike the US, a legal concept of “incontestability”. Instead, it has “acquiescence”, a defence against invalidity or infringement actions which can be…
In a case of first impression, the Ninth Circuit ruled that the Madrid Protocol gave a European company priority of right in a trademark even without prior use in commerce.
The Ninth Circuit agreed…
The night setting on contentious administrative appeals in Spain
On 14 January 2023, some rather fundamental changes are going to be implemented regarding trademark proceedings in Spain…
This decision by the High Court – Lavinia Deborah Osbourne v (1) Individuals Unknown (2) Ozone Networks Inc. – has now confirmed that NFTs should be considered property.
The facts of this case are…
Primo July we published an article about the Advocate General's opinion on the use of protected designations of origin (PDO) for export to third countries. Read the article here. With the recent…
On 26 November 2021, in BS-10861/2021-SHR, the Danish Maritime and Commercial Court found no likelihood of confusion between the EU-registrations to VITAYUMMY (used as ) and . Both for…
Like the previously invalidated bar on "disparaging" marks, the "immoral/scandalous" marks prohibition violated the First Amendment as a viewpoint-based restriction on free speech.
The Lanham Act’s…
In case you are engaged in a “hot dispute” in this hot summer, so as to “cool-off” a bit, this is to start a discussion about settlement options for pending litigation.
[A lawsuit…
Dispute and Facts
Munich SL owns an EU registration of 2004 for the following figurative mark:
This representation means that the crossed stripes are placed on the side of a shoe. The…
