Trademarks & Domain Names

On 21 July 2021, we gathered a panel of Novagraaf and industry experts to discuss the IP trends and challenges facing the spirits, wine and beer sectors.

Assumptions that the shape mark is dead may have been overturned this month, after the General Court of the EU found the shape of a lipstick suitable for trademark protection. While it is not easy to protect characteristics such as shapes under EU trademark law, the recent judgement provides hope for companies wishing to protect design elements or other features of their products.

A recent report by EUIPO on the risks and damages posed by IP infringement in Europe has identified that nearly one in 10 European consumers believe they have been tricked into buying counterfeit goods online.

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.

Gucci has pipped Rolex to the undesirable top spot of ‘most counterfeited luxury brand on TikTok’ in a 24-hour study of 40 popular brands on the app released this month. The research highlights once again the need to monitor and enforce IP rights on this popular platform. 

Brand value is a key driver of merger and acquisition (M&A) activity, reflecting the growing importance of intangible assets. However, getting IP portfolios M&A ready requires in-depth, proactive work that many fail to carry out, potentially causing serious issues further down the line.

Apps provide brand owners with a new way to connect with and market to consumers, but how do you make the most of the opportunities while managing the risks of brand damage or infringement?

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.

As a business grows, so too do the demands on its IP department. In an excerpt from our white paper, we set out the pros and cons of the fully in-house, fully outsourced and hybrid IP management models.

As the requirement to submit proof of use at the USPTO is different to practices in Europe, it can cause problems for brand owners looking to protect their trademarks in the important US market. Marianne Tissot and Marion Mercadier explain when evidence of use is required, and set out best practices for obtaining protection for trademarks in the US.