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9 More Nasty Trademark Infringement Cases – And How To Avoid Them

Otto von Bismarck’s famous quote - 'Only a fool learns from his own mistakes. The wise man learns from the mistakes of others', obviously rings true with our readers. The most popular blog post to date on TrademarkNow is "Nine Nasty Trademark Infringement Cases – and how to avoid them". Unfortunately, there is always a raft of fresh trademark infringement cases with lessons to deliver, so we decided it was time to update this classic piece so you can gain more insight into how to avoid a costly, stressful, and reputationally devastating infringement case against you.

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Why INTA’s Unreal Campaign Matters

Everyone loves a bargain. There is something very satisfying about saying “I got it for only (fill in the cheap price)” when someone compliments you on your sassy new shoes or bag. And with the trade in counterfeit goods valued at US$917 billion a year, it is understandable that ordinary law-abiding consumers feel that resisting purchasing a ‘Chanel’ bag from a chap on a foreign beach won’t make any difference to the extent of the problem. Like global warming, the issue is too big and the damage too hidden to coerce people into changing their behaviour.

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For most of us, the presence of the internet and social media in our lives represents a mixed blessing. On the one hand, it has brought people together in a way that was never possible before. Your nearest and dearest are near even when they are thousands of miles away. You can talk to anyone, anywhere at any time. On the other hand, such access is not without its drawbacks. As time has gone by, we have all become aware of problems previously unthought of - privacy issues amongst them. How we use the power of the internet and social media is worthy of thought and careful consideration.

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“It Depends” - Towards Achieving Consistency in International Trademark Infringement Cases

Of all the perennially hot topics in the trademark world, somewhat understandably, trademark infringement tops the list. That, after all, is the working end of the business and consumes the most time and energy of any trademark professional. Much of the time is dedicated to avoiding infringement or finding infringement. And having found it, rather more crucially, proving it.

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Top Three Funny Trademark Oversights

Thousands if not millions of trademarks are registered round the world every year. It would be beyond miraculous if each year there were not a selection of oversights that in retrospect, are just ridiculously funny. I have collated my top three favourites below. Selecting just three was the real challenge here!

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The Price Of Trademark Infringement Is Rising

Around the world, there are different rules regarding the award of damages for different aspects of trademark infringement. Most will take into account considerations such as profits from the goods in question and actual losses suffered by the company.

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Congestion, Infringement & Success Rates at the EUIPO

In an increasingly competitive world, trademarks are an exceptionally popular option to maintain your corporate identity in a global marketplace where counterfeits of your product are almost an indicator of the level of your success. But how much popularity is too much?

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The Dog Days of Trademarks Are….Far From Over!

Next week on August 26th we celebrate National Dog Day which was established in 2004 in the US by Colleen Paige to celebrate the long-standing and special relationships that we have with our canine friends. Despite the strength of the relationship and the love between many pups and their human families, there are thousands more dogs around the world in need of rescue. National Dog Day encourages people to interact with and support their local rescue centres and other facilities that seek to improve the lives of dogs in distress. You can visit the website to discover some of the ways you can help to celebrate our devoted companions and assistance dogs and join the mission to create a better world for them all.

It is truly impossible to determine the scope of our involvement with dogs in any meaningful way, or indeed animals in general. What is clear is that for very many of us, there is something about them that speaks to our very soul. As a stalwart and lifelong dog lover, it comes as no surprise to me that our canine companions play a strong role in the creation of brands that hit us right where we live. Much like the overall interactions between humans and dogs, these relationships don't always run smoothly either.

Below we bring you just a few of the canine trademark infringements cases that have made it to the courtroom...and we doubt they will be the last!

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Can That "Taste Of Home" Cause Trademark Infringement?

Recessions, globalisation, romantic liaisons and a thirst for adventure are only a few of the reasons why so many of us have family members inhabiting various corners of the globe. No matter what reasons might have taken them to far-flung places in the first place, there is always a hankering for at least some parts of home. In many cases, these yearnings revolve around foodstuffs that are the taste of our childhood or contribute to your national identity.

For many years, this led to desperate missives home to send care parcels stuffed with the most critical foodstuffs. Pleas from abroad for Barry's teabags, packets of Tayto crisps, Cadbury chocolate and even loaves of Brennan's bread were a familiar routine in Ireland as the younger populace moved abroad in order to find work.

Increasingly though, these kind of circumstances have led to the development of specialist shops to cater to this clientele with many more regular shops acquiring goods from overseas. While this is fantastic for the end recipients and in some cases, good for local business - it can create headaches for the companies that produce those goods.

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