More than four years since major amendments to the Canadian Trademarks Act were passed, the government has signaled that implementation is finally expected in the spring of 2019. These changes are…
As reported earlier this year, in a ruling dated February 12, 2018 by the Commercial Court of Kyiv in the case no. 910/14972/17, the judge effectively applied a five-year non-use grace period,…
The U.S. Court of Appeals affirmed a Seattle district court’s dismissal of trademark infringement and false advertising claims filed against Amazon.com, Inc. by a seller on Amazon. The district court…
In a trademark dispute over use of the brand name ROGUE for clothing, the federal district court in New York City erred by ruling on summary judgment that an apparel manufacturer was the rightful…
After many months of uncertainty, we have now received a degree of assurance as to the manner in which EUTM and RCD rights will persist in the UK following Brexit.
This assurance has come from Robin…
On 25 July 2018, the CJEU handed down its ruling in the latest edition of the battle between Nestlé and Mondelez over the KIT KAT shape (C-84, 85, 95/17 P). This time, the discussion focused…
Despite recent U.S. Supreme Court cases holding that laches does not apply within the limitations periods for patent and copyright claims, laches is available as a defense to a cancellation claim…
In Germany, the Higher Regional Court Düsseldorf decided that trademark rights were not exhausted in a case where luxury cosmetic products were offered at a German discounter. The Court held that the…
We recently reported on the introduction in Greece of mandatory mediation in trademark infringement disputes in this blog here. The respective legal provisions of law 4512/2018 shall start to apply…
Spain is obtaining the questionable reputation for protecting terms that are completely descriptive in other major languages as trademarks. MATRATZEN is one (in)famous example, DONUT is…
