Posts about Trademark Infringement

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:

Arla v Oatly - milking it for all it’s worth?

The idea of a legally good trademark is different from that of the marketing structure and brand creation can occasionally lead to disagreement between clients, marketing and legal teams. If you want to emphasize to your clients, or marketing team, that trademark registration is …

Horrifying Trademark Infringements

Today is Halloween, and all over the globe, houses will be decorated and children will celebrate by going trick or treating and eating ‘dead-man’s fingers’, and spider cakes. For anyone interested in a little trivia: Halloween derives from the pagan festival Samhain.