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A recent judgement by the General Court provides a useful reminder of the tests for assessing likelihood of confusion, as well as the evidentiary requirements for establishing the distinctiveness of a disputed mark. Florence Chapin sets out the case.
The number of countries and regions joining the international system for trademark registration on the basis of the Madrid Agreement and its Protocol, continues to grow. Malawi is the latest country to deposit an instrument of accession
A US court ruled this month that ‘ugg’ is not a generic term to describe the popular slouchy sheepskin boots, clearing the way for the brand owner, Deckers Outdoor Corporation, to pursue its trademark and design infringement actions against a rival manufacturer.
EU trademarks ‘with reputation’ enjoy a broader scope of protection than those without. But, what does this broader scope entail? Novagraaf’s Timo Buijs sets out the key points of the doctrine in light of the recent dispute between OREO and TWINS.
Fashion brand fails to provide adequate proof of use for the stylised capital D it registered as an EU trademark in 1999. Ardine Siepman examines the decision.
If you build a brand or reputation around your own name, what happens if a third-party owns the trademark registrations to that name, rather than you?
The French government is in conflict with another company over trademarks containing the word ‘France’. Novagraaf’s Ardine Siepman examines a recent ruling by the General Court of the EU, which considered whether anyone could even own the word ‘France’.
A recent spat over a recipe image used on Instagram highlights the importance both of clearing images for use before posting, and of protecting your own images using copyright symbols and watermarks, as Claire Jones explains.
A recent decision by the High Court of England and Wales considered whether fresh evidence was admissible for use on appeal following a successful non-use revocation at the UKIPO. Vanessa Harrow examines the decision and the principles for submitting late evidence.
The European Commission is seeking to make it easier to place generic drugs on the market on expiry of SPC protection. Eric Enderlin outlines the implications.
Novagraaf’s Trecina Surti outlines a recent success story in a dispute brought on behalf of a leading French wine producer. The case highlights the benefits of bad faith claims in opposition proceedings against Michael Gleissner.
It has become common practice in modern advertising for innovation-driven companies to shout about the patent rights protecting their products, including marking products with patent numbers. Doing so also acts as a deterrent to infringers and can increase the likelihood of successfully claiming damages where infringement does occur. However, the practice does not come without risks, as Eric Siecker explains.