Trademark case: US Ghost Adventures, LLC v. Miss Lizzie’s Coffee LLC, USA
Kluwer Trademark Blog
by Robert Margolis (Wolters Kluwer Legal & Regulatory US)
3d ago
First Circuit affirmed denial of injunction, noting that confusion due to proximity of businesses and both trading off of the same historical legend “is not the type of confusion that trademark owners may prevent.” The First Circuit Court of Appeals in Boston has affirmed the denial of injunctive relief sought by the owner of a ..read more
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Trademark News: What you might have missed in January 2025
Kluwer Trademark Blog
by Kluwer IP Reporter
1w ago
Stay informed with our comprehensive roundup of the past month’s headlines, all neatly compiled for you in one convenient post. Catch up on the latest news reported by the Kluwer IP Reporter. Canada introduces project on Registrar-initiated non-use trademark proceedings The Canadian Intellectual Property Office (CIPO) has recently initiated a pilot project to proactively issue ..read more
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Trademark case: LegalForce RAPC Worldwide, PC v. LegalForce, Inc., USA
Kluwer Trademark Blog
by George Basharis (Wolters Kluwer Legal & Regulatory US)
2w ago
Selling company equity or stock shares does not constitute use of a trademark “in connection with goods or services” under the Lanham Act. In a ruling that clarifies the boundaries of federal trademark protection, the U.S. Court of Appeals for the Ninth Circuit has determined that companies cannot claim trademark infringement when competitors use similar ..read more
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There is no sweet spot for the three-dimensional gum sweet in Denmark
Kluwer Trademark Blog
by Louise Thorning Ahle (Zacco Advokatanpartsselskab)
3w ago
The Danish Maritime and Commercial Court (hereinafter “the Court”) decided, on 8 January 2025, to refer international trademark registration MP 1408424 for  for confectionery in Class 30 (hereinafter referred to as “the teddy bear”) back to the Danish Patent and Trademark Office for renewed examination. The registration is owned by RiGO Trading S.A. which is ..read more
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Trademark News: What you might have missed in December 2024
Kluwer Trademark Blog
by Kluwer IP Reporter
1M ago
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Grand Board issues opinion on EUTM application withdrawals and conversion The Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) rendered its decision on the questions ..read more
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Trademark case: Lerner & Rowe PC v. Brown Engstrand & Shely LLC, USA
Kluwer Trademark Blog
by Thomas Long (Wolters Kluwer Legal & Regulatory US)
1M ago
Evidence that the defending firm’s ads confused consumers was “de minimis,” and online shoppers were savvy enough to distinguish between ads and organic search results. The sophisticated nature of online consumers, the lack of evidence of actual confusion, and other factors weighed against finding that there was a likelihood of confusion from a personal injury ..read more
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On branding practices and lack of distinctiveness in position marks – two parallel stripes on the side of a shoe are not distinctive per se
Kluwer Trademark Blog
by Katharina Schmid (schmid-ip)
2M ago
The General Court (GC) has recently confirmed that the figurative European Union trademark no. 002810299 consisting of two parallel stripes on the side of a shoe lacked distinctiveness (T-307/23 of 23.10.2024 – Jima Projects vs. EUIPO).   The decision is noteworthy, as it confirms previous case law that a “branding practice” does not automatically render ..read more
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Green Trademarks Under Fire: A Necessary Sacrifice in the Fight Against Greenwashing?
Kluwer Trademark Blog
by Timothee Charmeil (Lawyer at Elvinger, Harvard Law School Graduate)
2M ago
Green trademarks are facing unprecedented scrutiny as 2024 draws to a close. In light of the EUIPO’s latest decisions, it has become increasingly clear that the Office is taking a more rigorous approach when it comes to green trademarks, i.e. trademarks “containing at least one term in their goods and services description that is related ..read more
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Trademark News: What you might have missed in November 2024
Kluwer Trademark Blog
by Kluwer IP Reporter
2M ago
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Aden adopts 12th Edition of Nice Classification Aden has officially adopted the 12th edition of the Nice Classification, a significant update that aligns its trademark registration processes with international ..read more
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Who Owns ‘Hawk Tuah’? Can Haliey Welch Take on Trademark Copycats?
Kluwer Trademark Blog
by Aron Laszlo (Oppenheim Legal)
2M ago
The ‘Hawk Tuah’ meme, popularised by Haliey (sic!) Welch, has prompted several third parties to apply for trademark protection in the EU. Can Welch, the ‘Hawk Tuah Girl’, challenge them? Bad Faith Well, as a first option, Welch could argue that these trademarks were filed in bad faith. In the NEYMAR case (T-795/17), the General ..read more
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