01 Oct, 2024 UK High Court determines AI app 'BUILDER' is not distinctive for software-related goods and services By Manuel Kröller UNITED KINGDOM Legal updates: case law analysis and intelligence UK-based AI software developer opposed the use of “App BUILDER”,...
18 Sep, 2024 Distinctiveness of descriptive marks - the Halloumi saga continues in the UK By Phillipus Putter Is the HALLOUMI trade mark distinctive? The UK High Court very recently looked at this question. It emphasised the importance of...
14 Aug, 2024 Stick to your lane – rival fans clash over trade marks By Rebecca Currey Shehana Wijesena Tom Johnston A hard-fought battle over the right to use the “FANATICS” mark in Australia for clothing and retail services has been won at first...
02 Aug, 2024 EUIPO Board of Appeal rules that Canada Goose mark is distinctive By Simran Sidhu Canada Goose sought to register a figurative mark comprising 16 representations of geese for Class 25 goodsThe EUIPO examiner rejected...
16 Jul, 2024 Company Name Tribunal Actions: A Review of most recent Defended Actions By Thomas Hooper Lauren Ensign Carina Rodriguez If a company registers an identical or similar company name in the UK with Companies House, submitting a complaint with the Company Names...
11 Jul, 2024 Champagne for everybody? – General Court denies acquired distinctiveness of orange colour trade mark for Champagne By Jan Bärenfänger How strict are the requirements for proving acquired distinctiveness throughout the EU? This question has been bothering trade mark...
02 Jul, 2024 All for one and one for all? The Italian Supreme Court clarifies the requirements for exclusive licences granted by joint trade mark owners By Francesca Rombola Case reference – Italian Supreme Court, Giovanni Acanfora + alter vs Legea S.r.l., decision n. 10637/24, 19 April 2024 Summary In a...
26 Jun, 2024 Name Protection Rights: Totò, more than a stage name By Martina Fossati By PI order of December 27, 2023, the IP Specialized Division of the Court of Rome provided some interesting remarks regarding the...
07 Jun, 2024 Update on the Australian Federal Court’s approach to non-English word trade marks in relation to infringement and revocation By Shehana Wijesena Julian Ferguson Non-English words are increasingly used by Australian companies to market goods and services. In February, Justice Charlesworth of the...
06 Jun, 2024 Use It or Lose It – Lessons from Seven Network v 7-Eleven Inc By Rebecca Currey Meggie Zhang A challenge by 7-Eleven has seen Seven lose its Australian registered trade mark for “7NOW” for the vast majority of goods and services...
30 May, 2024 Time’s Up: Growing Intermediary Liability for Online Platform Providers By Arthur Marsh rthurOn December 15, 2023, the Court of Appeal dismissed Samsung’s appeal of a High Court decision which held the tech giant liable for...
22 May, 2024 Look-alikes and trade dress protection: guidance from Italian Court on how brand owners can take enforcement action against third party imitators By Cristiana Andreotta To what extent can product packaging be an illicit look-alike of a competitor’s product packaging? A ruling by the Court of Turin...
05 May, 2024 International Comparative Legal Guide – Trade Marks 2024 now published! By Nick Aries Nick Aries and Dan Breen take a look at what’s ahead with the end of EU law supremacy and the impact it will have on UK trade mark law...
15 Apr, 2024 The Green Light for Green Certification Marks By Brendon Vyas With sustainability and green claims being a key focus for many brands globally, the number of “green filings” has risen exponentially as...
05 Apr, 2024 Fallen angel: Australian Full Court pops the bubble on additional damages in trade mark infringement By Shariqa Mestroni On 23 February 2024, five judges of the Federal Court of Australia overturned an award of damages against an e-marketplace provider,...
02 Apr, 2024 Proving bad faith: it takes a tough cookie? By Nina Dorenbosch In a case centred around the iconic Dutch biscuit – the stroopwafel – the highest trademark court of the Benelux recently gave some...