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Thomas K. Lauletta  (Wolters Kluwer Legal & Regulatory US)
Trademark case: VI Carnival Committee Inc. v. VI Department of Tourism, USA
November 17, 2023

The marks are generic both as to “Carnival” and the geographic locations “St Thomas” and “Virgin Islands.” The U.S. Court of Appeals for the Third Circuit affirmed a lower court decision denying the…

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Julius Stobbs  (Stobbs IP) , Amelia Sainsbury  (Stobbs IP)
Jaguar prowls to victory in their opposition to the registration of an EUTM
November 02, 2023

The Opposition Division has partially upheld an opposition filed by Jaguar Land Rover (“Jaguar”) against EUTM application no.16778672 for the figurative mark,  , applied for by luxury fashion…

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Kluwer IP Reporter
Trademark News: What you might have missed in October 2023
November 01, 2023

All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Benelux adopts measures to protect personal details…

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Matthew Hersh  (Wolters Kluwer Legal & Regulatory)
Trademark case: Kerson v. Vermont Law School, Inc., USA
October 24, 2023

The murals were merely hidden from public view, not modified or destroyed. A law school that covered up two controversial murals with acoustic panels in order to hide them from public view did not…

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Patricia K. Ruiz  (Wolters Kluwer Legal & Regulatory)
Trademark case: Bad Elf, LLC v. Flex Ltd., USA
October 17, 2023

If the third-party marks and opposer’s marks are identical, the opposer’s marks and the applicant’s marks are compared to see if they are identical or non-identical for identical goods or services.…

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Sara Parrello  (Bugnion S.p.A) , Fabio Angelini  (Bugnion S.p.A)
Brothers in arms. The EUIPO defends its Board of Appeals’ jurisdiction (and its own) and the CJEU allows an(other) appeal to proceed.
October 06, 2023

To which extent can the General Court review decisions by the EUIPO Boards of Appeal (BoA) is an issue never properly addressed, and one that the CJEU has found to be “significant with respect to the…

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Kluwer IP Reporter
Trademark News: What you might have missed in September 2023
October 05, 2023

All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Kazakhstan amends official IP fees The Kazakh…

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George Basharis  (Wolters Kluwer Legal & Regulatory US)
Trademark case: PIM Brands Inc. v. Haribo of America Inc., USA
September 22, 2023

The trade dress of a wedge-shaped candy, colored to resemble a slice of watermelon, was determined to be functional and not eligible for protection under federal trademark law. The U.S. Court of…

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Giannis Psarakis  (Psarakis & Kefalas)
The Interplay Between Protecting Reputed Trademarks and Promoting Public Interest
September 11, 2023

 The protection of trademarks has long been associated with social progress and collective interest. However, a widely accepted scientific consensus remains elusive regarding the interaction…

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Peter Schramm  (MLL Meyerlustenberger Lachenal Froriep AG)
"An Apple is not an Apple", at least according to the Swiss Federal Administrative Court…
September 05, 2023

With Judgment of 8 March 2023 (B-1974/2022), the Swiss Federal Administrative Court confirmed the rejection of an opposition by Apple against a trademark showing another stylized apple motif.…

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