The ruling in 'Museum of illusions' is a reminder that the assessment of the likelihood of confusion must be considered globally and cannot result from a mechanical application of the principles, as Florence Chapin explains.
Koen de Winder examines ‘image rights’ in the context of a Dutch model’s attempt to register her portrait as a trademark.
We regularly receive reports from customers that they are being approached by companies pretending to be official IP agencies. Here, we set out a number of common scams and a list of malicious parties to watch out for.
Brand name and trademark selection are often associated with navigating potential infringement and opposition risks. Nevertheless, the consideration of local linguistic and cultural sensitivities is also part of the process, and a recent social media spat reminds us that cultural appropriation is a strong element of this, explains UK Trademark Attorney Luke Portnow.
The battle between the 'impossible' and the 'incredible' burgers resumed on 5 May when EUIPO’s Cancellation Division assessed a claim of invalidity against the ‘Impossible Burger’ trademark. Loretta Dashorst sets out the background to the latest ruling.
Belarus has become the latest country to deposit its instrument of accession to the International Design system, following Mexico last year. The growth of the system is good news for businesses operating internationally, says Frouke Hekker.
A recent judgment concerning LEGO bricks has been reported in the news as confirmation of design protection for the popular children's toy. Unfortunately, many of these media reports rushed to the wrong conclusions, says Esther Schnepper. She outlines what can actually be deduced from the March 2021 judgment by the EU’s General Court.
In many jurisdictions, such as the EU and UK, brand owners can file trademark applications without any requirements to file evidence of use of their chosen mark. That is not to say that the ability to provide proof of use is not important.
When carrying out prior art searches, it’s important not to confuse the objective of patentability with that of freedom to operate. Vincent Robert explains the distinction.
Many of the world’s best known or most life-changing inventions were discovered entirely by chance. Valérie Stephann sets out five serendipitous discoveries.
Article 53(a) of the European Patent Convention (EPC) stipulates that European patents are not to be granted for inventions where commercial use would be contrary to public order or morality. Stéphanie Landais-Patarin discusses a recent case that considered such a decision in the context of animal cruelty.
In 2018 kitchen cookware company Tefal applied to register its signature 'red dot' as a trademark in the UK. After appealing refusal, the application was recently rejected due to a lack of the fundamental element of distinctiveness, as Trainee Paralegal Megan Taylor explains.