We know that save in “exceptional” cases, colours do not initially have a distinctive character, although they may be capable of acquiring such character as the result of the use made of them. But…
On 11th September 2020, the European Commission (EC) published India’s Protected Geographical Indication (PGI) application for ‘Basmati’ under EU Regulation No. 1151/2012 (Regulation). While…
Background
In 2016, Jaguar Land Rover (“JLR”) applied to register four UK trade mark applications for the shape marks of the Land Rover Defender 90 and Land Rover Defender 110 vehicles, in Classes 9…
On 17 September the CJEU handed down a long-awaited judgment on a matter that thrilled sports fans and the IP community (C-449/18P, C-474/18P, available in French and Spanish). Footballer Lionel…
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…