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.
An application to register Uncle Sam as a figurative trademark has been refused by the USPTO on the grounds of its iconic character and cultural significance.
Commercial success for pharmaceutical companies is highly dependent on the acquisition and enforcement of IP rights. While speed to filing is important in most instances, registering a trademark too early could have a negative impact on validity, as Casper Hemelrijk explains.
Surrealist 60s British music group ‘The Bonzo Dog Doo-Dah Band' is fighting to protect its name and logo after they were registered as a trademark by a third-party media company.
It looks as if the year is going from bad to worse for McDonald’s trademark portfolio. After the fast food chain’s EU registration for ‘BIG MAC’ was cancelled in January, the EUIPO has now partially revoked its EU word mark for ‘MC’. Casper Hemelrijk outlines the ruling.