Costco raised triable issues of fact as to its liability for infringement and counterfeiting and whether its use of "Tiffany" to describe a ring style was fair use.
The federal district court in…
The first instance court of Barcelona held that that the trade mark device of a dinosaur on a biscuit must remain in the public domain, ruling against the claimant in a trade mark and unfair…
Many trademark functions of the Canadian Intellectual Property Office (‘CIPO’) have been seriously delayed largely as a result of the pandemic. As practitioners became adjusted to the new reality, so…
In the wake of the UK High Court’s earlier ruling on the long-running SkyKick saga (following the CJEU’s decision), Lord Justice Arnold has, in his latest ruling, considered which party should bear…
How many times in the course of a trademark clearance have you discovered that clearly, descriptive trademarks - usually registered because of some tiny stylization or unremarkable imagery – have…
A permanent injunction preventing an ex-band member from touring as "The Commodores featuring Thomas McClary" extended extrajudicially to European performances.
In a long-running dispute in which…
The existence of a contractual relationship between the two parties was not a prerequisite to the power of the district court to adjudicate the breach of contract claim.
Whether the assignment of a…
We’ve been seeing a lot more interest from life sciences companies in applying for slogans recently. After all, advertising campaigns are increasingly a fierce battlefield for IP litigation. …
The Swiss Federal Administrative Court (BVGer) had to decide the likelihood of confusion between CRUNCH, a trademark of the Société des produits Nestlé SA and TIFFANY CRUNCH N CREAM, a trademark of…
It has been several months since our last publication on Brexit and the world is very different since then due to the COVID-19 pandemic.
As for BREXIT, this could be another pandemic for several…
