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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
Trademark case: Lerner & Rowe PC v. Brown Engstrand & Shely LLC, USA
December 23, 2024

Evidence that the defending firm’s ads confused consumers was “de minimis,” and online shoppers were savvy enough to distinguish between ads and organic search results. The sophisticated nature of…

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Katharina Schmid  (schmid-ip)
On branding practices and lack of distinctiveness in position marks - two parallel stripes on the side of a shoe are not distinctive per se
December 11, 2024

The General Court (GC) has recently confirmed that the figurative European Union trademark no. 002810299 consisting of two parallel stripes on the side of a shoe lacked distinctiveness (T-307/23 of…

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Timothee Charmeil  (Lawyer at Elvinger, Harvard Law School Graduate)
Green Trademarks Under Fire: A Necessary Sacrifice in the Fight Against Greenwashing?
December 10, 2024

Green trademarks are facing unprecedented scrutiny as 2024 draws to a close. In light of the EUIPO’s latest decisions, it has become increasingly clear that the Office is taking a more rigorous…

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Kluwer IP Reporter
Trademark News: What you might have missed in November 2024
December 09, 2024

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. Aden adopts 12th Edition of Nice Classification…

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Aron Laszlo  (Oppenheim Legal)
Who Owns ‘Hawk Tuah’? Can Haliey Welch Take on Trademark Copycats?
December 05, 2024

The 'Hawk Tuah' meme, popularised by Haliey (sic!) Welch, has prompted several third parties to apply for trademark protection in the EU. Can Welch, the 'Hawk Tuah Girl', challenge them?  …

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George Basharis  (Wolters Kluwer Legal & Regulatory US)
Trademark case: Toyo Tire Corp. v. Atturo Tire Corp., USA
November 21, 2024

Federal Circuit rules Illinois litigation privilege bars claims in long-running trade dress dispute, but upholds some counterclaims. In a nonprecedential ruling that could impact how companies settle…

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Thomas K. Lauletta  (Wolters Kluwer Legal & Regulatory US)
Trademark case: Libertarian National Committee, Inc. v. Saliba, USA
November 11, 2024

However, the dissenting group’s use of the trademark on its website did not create a likelihood of confusion where the dissenters clearly identified the dispute between themselves and the Libertarian…

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Kluwer IP Reporter
Trademark News: What you might have missed in October 2024
November 01, 2024

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. India invites suggestions for amending law on GI of…

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Timothee Charmeil  (Lawyer at Elvinger, Harvard Law School Graduate)
Greenwashing in Investment Funds: Financial Law as a New Ally for Trademark Law?
October 31, 2024

Trademark law has a front-row seat to the rise of greenwashing. Since studies have shown that over 90% of consumers are attracted to brands prioritizing sustainability, the temptation to register and…

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Aron Laszlo  (Oppenheim Legal)
The Goulash Defence: a Hungarian Approach to Acquiescence
October 30, 2024

You may know the "Chewbacca Defence" from the South Park cartoon series. Here is a similarly confusing defence, which we named after the national dish of Hungary. The principle of acquiescence is…

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