Trademark law allows brand owners to take action against a trademark applied for ‘in bad faith’. But, what is meant by ‘bad faith’, and what is the process for bringing such a claim? Louise van de Mortel explains.
The question of whether plant variety denominations can be protected under Article 7(1)(m) of the European Trade Mark Regulation was addressed by the EU General Court for the first time in the dispute over ‘Kordes’ Rose Monique’. Louise van de Mortel sets out the ruling.
The EU General Court ruled in October that the iconic puzzle Rubik's Cube does not meet the requirements for registration as a 3D trademark. Louise van de Mortel sets out the decision and what it could mean for brands looking to protect shapes as trademarks in the EU.
In Pharmadom v EUIPO, the EU General Court ruled out likelihood of confusion between MediWell and Well and Well. Florence Chapin outlines the ruling.
Trademark owners with prior rights can oppose the registration of confusingly similar trademarks on the grounds of visual, phonetic and/or conceptual similarities. But, what is meant by conceptual similarity, and how is it established?
Domain names play an important role in the sales and marketing activity of any organisation, but it’s all too easy to overlook the IP implications of registering and managing online channels. We set out points to consider when seeking to align domain name registrations with trademark rights.
A recent ruling by the Court of Justice of the European Union (CJEU) found that designer clothing business G-Star is not entitled to copyright protection for its ‘ARC’ and ‘ROWDY’ clothing designs.
With Halloween ‘creeping’ up on us, we’ve rounded up some ‘trick-y’ and ‘sweet’ case law updates to get us in the mood for the upcoming spooky festivities.
In September 2019, it was announced that Israel, Samoa and Vietnam deposited instruments of accession to the international design system at WIPO. Last year, Canada, Belize and San Marino also joined.
On 27 September, yet another country deposited its instrument of accession; Malaysia. This means that Malaysia can be designated in an international trademark registration (IR) as of 27 December 2019.
It’s one of the 1970’s most recognisable guitar riffs, but the opening of Led Zeppelin’s ‘Stairway to Heaven’ is becoming almost as well known for another reason: the accusation of copyright theft by US psychedelic rock band Spirit.
Pennsylvania State University (‘Penn State’) has filed suit against Florida-based Sports Beer Brewing Company for trademark infringement over its use of the university’s name, brand and sporting mascot.