In a recent decision[1] the Calcutta High Court (“Court”) upheld the use of the word ‘Darjeeling’ for the 5-star hotel lounge operated by ITC Limited (“ITC”). The ‘Darjeeling lounge’ was introduced…
The Polish Constitutional Tribunal issued a long-awaited judgment in December 2018 regarding a claim for information under the Polish Industrial Property Act (case no. SK 19/16). It ruled that a…
Earlier this year, the Civil Court of Santiago[1] ruled in favour of Catalina Abbott, a famous Chilean artist, issuing a historic judgment in relation to the protection of her moral and economic…
With decision of 25th February 2019, the German Federal Patent Court (Bundespatentgericht) has ruled on the registrability of a celebrity name for inter alia publications in class 16. The…
By the end of June, the US Supreme Court will have ruled on the registrability of scandalous and immoral marks in Iancu (USPTO) v Brunetti (No. 18-302).
The case raises the issue of whether, in light…
In a judgment of 27 February 2019, the Swedish Patent and Market Court of Appeal (PMÖD) stated that a registration of a trademark in black and white cannot in itself result in protection in relation…
As reported earlier by this blog, there is a discussion in Germany whether an infringer who has received an injunction has to actively recall the products. And the German recall-saga continues, as…
A trademark registration of a color per se is notoriously difficult to achieve, but what about the name of a color? In two recent decisions from the Danish Board of Appeal (BOA) regarding the…
Can Dinosaurs be monopolized as a trademark? The Commercial Court of Barcelona (Judgment No. 123/2019 of April 3, 2019) has held that the representation of a dinosaur on a cookie cannot be…
Kroma Makeup EU, LLC, a trademark licensee, lacked standing to assert trademark infringement claims against the Kardashian sisters and a U.S. beauty product seller, according to the U.S. Court of…
