In December 2022, the EU General Court discussed the assessment of the likelihood of confusion in the context of the dispute between the holders of the ‘Well and Well’ and ‘WellBe Pharmaceuticals’ trademarks. Florence Chapin sets out its conclusions
Most IP legislation was designed to support trademark protection in physical markets, making its application a challenge for brand owners facing trademark infringement on ecommerce channels, such as online marketplaces. Megan Taylor discusses strategies for brand protection online in light of recent rulings by the EU and UK courts.
In its December 2022 preliminary ruling, the Court of Justice of the EU found that Amazon’s practice of displaying ads for counterfeit Christian Louboutin shoes makes the e-tailer liable for online trademark infringement.
Trademark disputes can have starkly different outcomes in different jurisdictions, as demonstrated by a number of parallel EU and UK oppositions. UK Trademark Attorney Mona Asgari examines the different positions taken by the EUIPO and UKIPO in a recent opposition based on indirect confusion and emphasises the importance of local representation.
In response to recent uncertainty around the need for a UK address for service (AFS) for UK trademarks and designs, the UKIPO issued a Tribunal Practice Notice on 25 January 2023. Vanessa Harrow sets out the changes and offers practical advice for affected rights holders.
Read answers to some of the most frequently asked questions about when a UK address for service is required for UK trademarks and designs.
When seeking to describe a particular characteristic, intended purpose or function of a product, you can reference another brand’s trademark. However, there can be a fine line between such informative use and trademark infringement.
In our 7 March webinar on IP and packaging, our experts explained how to use trademarks, designs and copyright to protect packaging visuals and messaging, and tackle IP infringement and counterfeiting.
A thorough review of your trademark portfolio now will put both your IP rights and your business in a strong position for the year to come. Assess your registrations for strength, accuracy and cost with the help of our three-step process.
Yet another country has deposited its instrument of accession to the Madrid System for international trademark registrations, with Belize joining the list of Madrid System countries as of 24 February 2023.
EUIPO's Cancellation Division declared the trademark registration for Banksy's Monkey image invalid on the grounds of bad faith in spring 2021. In October 2022, that Banksy trademark decision was overturned based both on the absence of bad faith and the image’s distinctiveness, as Rosan Slits explains.
The Madrid System for the international registration of trademarks allows brand owners to apply and maintain protection in the different member states of the system via one single procedure, in one language and one set of fees. However, levels of protection can vary and the process is not without its shortfalls.