Full disclosure of the identity of the restorer and the used nature of the product protects a seller of second-hand goods from liability for a trademark infringement claim.
Hamilton International Ltd…
The scope of protection of a trade mark registration is a key question faced by trade mark practitioners when advising on rebrands. The recent Oatly case [Oatly AB v Glebe Farm Foods Limited [2021]…
On 1 September 2021, Sony’s 'Vita' trade mark lost out in genuine use revocation proceedings in the EU General Court (see case T‑561/20). The trade mark Vita had been registered by Sony for a variety…
When deciding whether to opt for the Hague International Design System or go the national route, it is tempting to choose to go with the Hague International Design System for all the conveniences…
The ”Pearl” decision by the Federal Supreme Court (BGH) may not be brand new (15 October 2020), but it is interesting in many respects. This post will deal with the similarity of goods.
Facts
The…
Substantial evidence supported the Board’s likelihood of confusion finding.
Substantial evidence supported the Trademark Trial and Appeal Board’s finding that registration of the mark FOCUSVISION for…
As with other aspects of trade mark law, the UK and EU have adopted asymmetrical arrangements about exhaustion post-Brexit. The arrangements result in uneven outcomes on enforcement against parallel…
The Swiss Federal Tribunal has ruled that the shape of the Nespresso capsules is technically necessary and that Nestlé's 3D trademark shall therefore be cancelled (decision 4A_61/2021 of 7 September…
Guerlain, the luxury French perfume, cosmetics and skincare house, has emerged victorious in their three year-long attempt to obtain registration of a three-dimensional EU trade mark in respect of…
The district court on remand failed to explain the reason’s for its summary judgment and order directing the PTO to register a rival restaurant’s mark.
The U.S. Court of Appeals in New York City for…
