Trademarks & Domain Names

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.

You can’t escape memes on social media these days, so it’s no surprise to find that corporations are beginning to get in on the act. 

Applications for non-traditional trademarks, such as sounds, smells and motion marks, make up only a small percentage of annual trademark applications in the EU. However, their importance is beginning to grow. 

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.

The English Premier League revealed this month that it had seized more than 160,000 counterfeit items, worth more than £5 million, in the past year.

A recent ruling by the Court of Justice of the EU has broadened the options for taking action against online trademark infringement, by giving trademark owners a wider choice of court, as Casper Hemelrijk explains.

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.

The Court of Justice of the EU dealt the final blow to Red Bull’s trademark registration yesterday (29 July), after it agreed with the EU General Court’s 2017 decision that the colour combinations were not sufficiently ‘clear and precise’, and therefore not able to function as trademarks.