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TRADEMARK INTERIM INJUNCTION IN FAVOUR OF LOUIS VUITTON The Delhi HC has issued an interim injunction against Spread Home, barring the home décor company from using Louis Vuitton's trademarked flower [...]

The recent UK Court of Appeal ruling in the case of Oatly v Dairy UK offers a significant lesson for business owners about the power of words in trade marks [...]

The US Court of Appeals for the Ninth Circuit affirmed a district court's grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the [...]

What is the 'Wayback Machine' The Wayback Machine is an internet-based service available here, maintained by the Internet Archive which stores archived versions of historical web pages. The Wayback Machine [...]

INTRODUCTION Trademarks are essential in the field of intellectual property because they allow products and services to be easily distinguished in the marketplace. The Trademarks Act, 1999 permits names to [...]

The popularity of second-hand goods is evident in the success of platforms such as Vinted, Vinterior, Thrift+ and Back Market. Other websites are also adapting to compete with them: In [...]

Regular readers of our articles will know that we enjoy reviewing and discussing cases dealing with confusingly similar trade marks from around the globe. This time around, we discuss two [...]

Gemini Data, Inc., a data analytics company that leverages artificial intelligence (AI) technologies, has filed a federal complaint against Google LLC in the US District Court for the Northern District [...]

In summary This chapter provides an overview of key developments in trademark litigation in the United States over the past year. It addresses new legal precedents set by the US [...]

Abstract We, Kangxin Partners, P.C., filed an opposition action against the trademark, (No. 69793298 in Class 40) ('the opposed mark') on behalf of LANXESS AG ('the client') on August 8, [...]

'Let's Go Hockey Club!' does not evoke the same level of inspiration as 'Let's Go Hawks!' What's Happening with the New Utah NHL Team? Utah will be the first team [...]

At first glance, seeking a European Union trademark (EUTM) registration for 'TVR' would seem relatively straightforward, provided it was available. At any rate, disputes that could arise regarding priority should [...]

TRADEMARK DELHI HC ALLOWS SETTLEMENT IN BURJ TRADEMARK CASE In interesting news, the Indian real estate developer Designarch and Dubai's Jumeirah Beach Resort LLC, known for the Burj Al Arab [...]

In the complex world of brand development and association, single colours have emerged as a powerful and sophisticated branding strategy. While most trademarks are associated with logos, names, or slogans, [...]

Article 4 of the Law No. 6769 on Industrial Property indicates that sounds can be registered as trade marks if they are capable of being distinguishable for the goods or [...]

The Trademark Trial and Appeal Board (TTAB) has issued a precedential opinion that an Amazon Affiliate Store is a 'referral service,' not a 'retail store service' for purposes of a [...]

It is rare for an abuse of process case to be heard before the UK IPO, but that is what has happened recently. In August 2024, the UK IPO's Tribunal [...]

Can brands control the refurbishment, conversion and resale of products they sell? The answer from the recent AGA cooker case indicates that such ability is limited, at least absent clear [...]

A recent UK Intellectual Property Office (UKIPO) invalidity decision provides a good reminder in relation to non-use aspects of trade mark opposition and invalidity actions. An trade mark invalidity application [...]

Two world-famous sportswear brands recently came head-to-head in a battle over the trademark 'footware', with Puma objecting to Nike's trademark on the basis that it is not eligible for protection, [...]

What do a social media content creator and reality television stars have in common? Apart from more followers than I'll ever have, significant issues regarding their trademarks. Jools Lebron, a [...]

Recently in the case of Visa International Ltd. v Visa International Service Association & Anr and Garden Silk Mills Private Limited v Rajesh Mallick & Ors., 2024 SCC OnLine Cal [...]

Regular readers of our articles will know that we have often discussed intellectual property ('IP') judgments coming out of Australia and New Zealand and that we like court cases that [...]

If you have any connection to today's pop culture trends, you should understand how viral certain trends can be on social media platforms. For example, step into a nightclub when [...]

In a recent decision, Simply Wireless v. T-Mobile, the Fourth Circuit Court of Appeals held that the statutory trademark abandonment test applies to common law trademark usage. Background Simply Wireless [...]

The use of 'not...' in conjunction with product names has become a contentious issue in law, particularly concerning terms that are legally protected or where certain criteria need to be [...]

Byline: Maureen Groppe, USA TODAY WASHINGTON - The Supreme Court on Thursday unanimously rejected an attempt to trademark the lewd phrase 'Trump too small,' a decision that recognized the government's [...]

Byline: Justin Jouvenal, Ann E. Marimow The Supreme Court on Thursday rejected a California lawyer's free-speech claim that he may trademark the double-entendre phrase âTrump Too Smallâ for use on [...]

The global sportswear titan Adidas found itself entangled in a trademark dispute with one Keshav H. Tulsiani, a wholesale sportswear seller based out of Connaught Place, New Delhi. The German [...]

The US Court of Appeals for the Federal Circuit vacated a ruling from the Trademark Trial & Appeal Board, disagreeing with the Board's dismissal of Bureau National Interprofessionnel du Cognac's [...]

The Supreme Court recently rejected federal trademark protection for the mark 'TRUMP TOO SMALL' based on the Lanham Act's Names Clause under Trademark Act Section 2(c), 15 U.S.C. §1052(c). Background [...]

On June 13, 2024, the U.S. Court of Appeals for the Fourth Circuit ruled on a lawsuit brought by liquor producer Bacardi to challenge an action taken by the United [...]

The present order arises out of the appeal filed in Emerge Classes Pvt Ltd vs Kashmir Institute of Excellence & Ors (Order dated June 7, 2024) against the order dated [...]

The main concept of a trademark is that a rational mind can differentiate between the business and goods of different proprietors. Trademarks play a crucial role in establishing and protecting [...]

On June 13, 2024, the Supreme Court held that the Lanham Act's prohibition on registering trademarks utilizing another person's name without consent was constitutional. In Vidal v. Elster 602 U. [...]

There are two categories of people: those who at least once in their lives have tried to pit their wits against a Rubik's cube and those who lie about it [...]

I was reading an article published on The Fashion Law this morning about a recent decision in an EU trade mark opposition between CHANEL and Simb D.O.O. relating to the [...]

The order in the case of Electronica India Ltd vs Electronica Hitech Machines Pvt Ltd & Ors arises out of two Commercial Miscellaneous Petitions - CMP No. 47 of 2022 [...]

The Delhi High Court adjudicated upon a cancellation petition filed by GSK Consumer Healthcare (hereinafter referred to as the 'Plaintiff'), predicated upon the phonetic, visual, and structural similarities between the [...]

In Vidal v. Elster, No. 22-704, 602 U.S. ____ (June 13, 2024), the U.S. Supreme Court unanimously held that the 'names clause' of the Lanham Act, 15 U.S.C. § 1052 [...]

On April 8th, 2024, the Delhi High Court delivered a significant ruling in the case of Crocs Inc. vs. the Registrar of Trademarks New Delhi & Anr. C.O. (COMM.IPD-TM) 779/2022 [...]

The Cyprus Registrar of Intellectual Property (Registrar) delivered three reasoned decisions on the 29th of May 2024 concerning three oppositions filed on 07.09.2021 by Antargaz of France (the 'Respondents'). Antargaz, [...]

As expected, based on the tenor of the Justices' questions during oral argument, the U.S. Supreme Court has ruled against a trademark applicant seeking to register a mark commenting on [...]

There are several factors that may be considered when assessing the likelihood of confusion in an opposition proceeding before the European Union Intellectual Property Office (EUIPO). One of them is [...]

The Delhi High Court earlier last month, ruled in favour of FCB Garment Tex, restricting Vans Inc. from rectifying FCB's trademark. Vans Inc. had sought this rectification following their mark [...]

In the latest instalment of the '7NOW' trade mark dispute between Seven Network and 7-Eleven, the Full Court of the Federal Court reminds businesses of the importance of continuous use [...]

We often discuss EU trade mark judgments in our articles for the simple reason that South African trade mark law is quite similar to EU law and there are far [...]

In this article, we discuss two trade mark applications - one in the EU, and one in Japan. In each case the application for registration was refused on the basis [...]

The General Court of the EU recently considered whether the name Pablo Escobar can be registered as an EU trademark on the grounds of public order and/or morality, as Miriam [...]

The A2 Milk Company Limited is the registrant of the 'A2' trademark with reg. no. 14013718, designated on 'milk; milk products' and other goods. Nestlé Products Co., Ltd. ('Nestlé') filed [...]