While cannabis brands need to be mindful of cannabis-specific trademark issues, they must also pay attention to trademarking basics. Back in January, we discussed three key trademark issues: distinctiveness, likelihood of confusion, and application bases. Today we continue our exploration of trademark basics, looking at the importance of choosing goods and services thoughtfully, in order

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So, a million years in the future, an alien lands on the moon and sees this footprint. The alien quickly accesses the GWW (Galaxy Wide Web) and discovers that it was left by one astronaut of the little blue world nearby (perhaps worth a visit, according to prior reviews left by other interstellar visitors).  The...

Protection of three-dimensional trademarks can be a real challenge both in the process of their registration with the Patent Offices and in case of enforcement. One indicative case about this is the following EU trademark application filed by Pinball Factory GmbH for classes 11, 12(including camping vehicles), 20, 21 и 39: Against this application, an … Continue reading Volkswagen successfully defended its classic Van trademark in the EU

The first 2022 session held by the Trademark Trial and Appeal Board (TTAB) acknowledged that the SPOTIFY trademark is famous and distinct. The Board sided with the music-streaming company in this trademark dispute case. Spotify lawyers argue that the approval of the POTIFY mark will have a negative and diluting impact on the "SPOTIFY" trademark. They also added that the SPOTIFY mark became well-known years before POTIFY was established.

One interesting case from Lithuania shows how difficult registration of 3D trademarks can be. Chanel filed сх 2014 a trademark application for their No. 5 perfume bottle in class 3 – perfumes: Although the same sign was a successfully registered trademark in many other countries, that was not the case for Lithuania where the local Patent … Continue reading Chanel failed to register its No. 5 perfume bottle as a trademark in Lithuania

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Airtec Electrovision Pvt. Ltd vs Sunil Kumar Saluja In this case involving a trademark infringement suit pertaining to “EIRTEC” for LED Televisions, the Delhi High Court refused  to grant an interim injunction against use of “AIRNET” for the same goods. The Single Judge initially refused the injunction based on visual/phonetic dissimilarity and the fact that the trademarks have commonly used words and…

The post Latest Trademark Cases in 2022 – Part 1 appeared first on BananaIP Counsels.

This post provides a summary of Indian Trademark Cases for the year 2021 El Baik Food Systems Co. S.A vs Arsalan Wahid Gilkar & Anr. In a recent decision, the Delhi High Court granted an Ex-parte Injunction against use of the trademark ‘Albaik’ for restaurants and related services. The Plaintiff in the case was the Albaik Group based out of Saudi Arabia, which started its business in 1986. The Plaintiff briefly operated under the mark, Albaik, in India between 2017…

The post RECAP 2021- INDIAN TRADEMARK CASE LAWS appeared first on BananaIP Counsels.

Spotify Successfully Opposes Cannabis-Related Trademark Applications: What To Know

U.S. Software, which filed the trademark applications, was seeking to register POTIFY for downloadable software related to medical marijuana.

The post Spotify Successfully Opposes Cannabis-Related Trademark Applications: What To Know appeared first on The Fresh Toast.

In this post, we bring to you Important Trademark Cases decided by Indian Courts in the year 2021 Kaira District Cooperative Milk Producers Union Ltd and Anr. V/S. Maa Tara Trading Co. and Ors In this case, the Calcutta High Court passed an interim order against the Defendants, restraining them from using the trademark ‘Amul’ in connection with their products. The case was instituted by Kaira District Cooperative Milk Producers Union Ltd., who are the proprietors of the trademark ‘Amul’.…

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The UKIPO has upheld a wide-ranging opposition by the Norton Motorcycle Co Ltd against an application in Class 12 to register NORTON MOTORCYCLE RACING by Norton Motorcycle Racing Limited based on direct confusion, likelihood of passing off and bad faith, but rejected the opponent’s claim to detriment to reputation.

The Board erred by failing to consider whether the registered BROOKLYN BREW SHOP mark has acquired distinctiveness for beer-making kits. In an effort by the owners of the mark BROOKLYN BREWERY to cancel registration of the mark BROOKLYN BREW SHOP, the U.S. Court of Appeals for the Federal Circuit has held that the Trademark Trial...

The scope of protection of a trade mark registration is a key question faced by trade mark practitioners when advising on rebrands. The recent Oatly case [Oatly AB v Glebe Farm Foods Limited [2021] EWHC 2189 (IPEC)] raises some interesting questions in the context of a likelihood of confusion and unfair advantage. Oatly owned a...