The federal district court in San Diego did not err in ruling on summary judgment that Seal Shield LLC failed to establish that its predecessor had used the mark LIFE PROOF in commerce in connection…
We all know that acquiescence is an absolute defense against infringement which occurs when a proprietor of an earlier mark has acquiesced, for a period of five successive years, to the use of a…
Proving infringement in France has become just that wee bit more perilous after the Supreme Court’s decision of 25th January 2017.
Saisie-contrefaçon, pioneered in France back in 1991 is still widely…
Nvidia Corp v Hardware Labs (GTX) [2016] EWHC 3135 Ch
For manufactures of steam engines in the late 19th century, tactics of systematically threatening to sue your competitors’ customers for…
Apple Inc.'s International Registration No 1152788 for the mark "IPAD MINI" was provisionally refused in Switzerland in 2014. The Swiss Trademark Office (IPI) considered that the mark was descriptive…
Following a request for cancellation, the Federal Patent Court decided to cancel a shape mark for sweets arguing that it exclusively consisted of a shape necessary to obtain a technical result (…
The Spanish Supreme Court has held that there is no risk of confusion between the word trade mark "Toro" (owned by Osborne Group, S.A., the notorious beverage company) and the word trade mark "…
On 3. February 2017 the German Federal Ministry of Justice and Consumer Protection presented a draft of an act to implement Directive (EU) 2015/2436 of the European Parliament and of the Council to…
Kim, Kourtney, and Khloe Kardashian could not force the arbitration of trademark infringement claims that Kroma Makeup EU had brought against them, the U.S. Court of Appeals in Atlanta has ruled. The…
The GOLDEN BALLS saga continues: after losing in the last round before the Board of Appeal of the EUIPO, Golden Balls Limited has once again taken its case (or cause?) to the General Court in…