Posts about Trademark Infringement

An Innovative Trademark Protection Strategy For All Brand Stewards

One of the first questions asked by trademark owners when a trademark watch service is recommended to them by counsel is: “I have a registered trademark, why do I need a monitoring service? Is it not protected automatically?” The short answer is “No”. Trademark registration is on…

E-Commerce, Counterfeits, And The Holiday Season

While holiday season shopping events such as Black Friday and Cyber Monday present excellent opportunities for genuine brands, they also come attached with a risk from increased IP infringement.

Holiday Trademarks – Trick or Treat?

Halloween is fast approaching and can be big business for brand owners. According to the National Retail Federation’s Annual Survey, in the United States alone, $2.6 billion is spent annually on candy and popcorn, but additional Halloween purchases for costumes, decorations, and …

Trademark Similarity - It’s Not As Simple As Apples And Oranges

Do you know the idiom of “apples and oranges”? It is commonly used to describe two things that are fundamentally different and therefore unable to be compared. This metaphor for dissimilarity actually appeared way back in the 17th century in John Ray's proverb collection of 1670 …

Distinctiveness v Descriptiveness In Trademark Law

Deciding on a business trademark can be a minefield for the uninitiated. Simply running a quick Google search to see if your prospective mark has been used by any other organization will not be enough to protect you from a filing objection.

Trademark Class 5 Goods Appeal To Both Average And High Attention Consumers

A look at the NOSTER - FOSTER Decision of the General Court of the Court of Justice (T-550/19) In Turkey we encounter a cliché judgement when examining the likelihood of confusion among trademarks when it comes to goods in class 5 of the Nice classification,“The consumer segment …

Understanding Bad Faith In EU Trademark Law

Running analysis on trademark activity in the European Union over the last decade, from 2010 to 2019, reveals that the market appears extremely healthy. The volume of new applications is growing steadily and at a relatively rapid rate. 

A Question Of Faith

On the issue of bad faith trademarks in the European Union, Advocate-General Sharpston, in her Opinion in Chocoladefabriken Lindt & Sprüngl v OHIM  stated: