20.4 C
New York

Tag: Likelihood of confusion

CODY’S v CODE-X: General Court considers visual and aural perception of marks in beverages sector

There was no evidence to suggest that the relevant public would buy the goods at issue in conditions such that the phonetic similarity between the marks would carry more weight than the visual or conceptual similarity in the assessment of the likelihood of confusion.

Top News

Good news for Beiersdorf as General Court confirms likelihood of confusion between CCLABELLE and LABELLO

The General Court agreed with the EUIPO that there was a likelihood of confusion for goods in Classes 3 and 16, at least when the reputation of the earlier mark for lip care products was taken into account.

General Court confirms likelihood of confusion between TEAM BEVERAGE and TEAM

The decision shows that there is room for broad interpretations in trademark cases, which may lead to surprising results.

Use in Commerce of Cannabis Trademarks

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

The post Use in Commerce of Cannabis Trademarks appeared first on Harris Bricken Sliwoski LLP.

Volkswagen successfully defended its classic Van trademark in the EU

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

Application for WOOD STEP LAMINATE FLOORING does not survive opposition based on earlier STEP mark

The case highlights that the possible existence of a likelihood of confusion on the part of a section of the relevant public in the European Union is sufficient for registration of a mark to be refused.

No likelihood of confusion between ROYAL marks for beer

MV Group Asset Management has fended off an opposition by Royal Unibrew, the owner of the international trademark ROYAL, against the application for GUBERNIJA BREWERY ROYAL BALTIC PORTER for beer.
Tag Template - News Hub PRO

CASE BRIEF: Renaissance Hotel Holdings Inc. vs B. Vijay Sai and Ors.

Decided by Supreme Court of India on 19th January 2022 (Reportable) Facts The Appellant, proprietor and holder of the trademark ‘RENAISSANCE’, had filed a suit against the Respondents for a permanent injunction against the use of the allegedly infringing trademark ‘SAI RENAISSANCE’, as well as any other mark identical to the Respondents’ mark, ‘RENAISSANCE’. The Appellant discovered two hotels being run by the Respondents, in Bangalore and Puttaparthi, and noted that it copied the style, signage, and the word ‘RENAISSANCE’.…

The post CASE BRIEF: Renaissance Hotel Holdings Inc. vs B. Vijay Sai and Ors. appeared first on BananaIP Counsels.

RECAP 2021- INDIAN TRADEMARK CASE LAWS

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.

Louis Vuitton lost a trademark dispute in the EU for the abbreviations LV and NL

EUIPO has ruled recently in a dispute where Louis Vuitton tried to defend its famous abbreviation LV in the EU. The case at hand concerns an application by one individual for the following figurative European trademarks in classes 25 and 26: Against this application, an opposition was filed by Louis Vuitton based on the following … Continue reading Louis Vuitton lost a trademark dispute in the EU for the abbreviations LV and NL

A “creative” approach to likelihood of association. Is the GC trying to rewrite the laws?

On 21st December 2021, the General Court (GC), in case T-369/20, dealt with “likelihood of association” setting out a double test which seems to be at odds with the previous case law, notably the landmark Sabel case (C-251/95). The EUTM application “CEFA Certified European Financial Analyst” in classes 9 and 41 was opposed on the...

Why the SPECTACLES trademark case is one to watch

With technology company Snap taking the USPTO to court for rejecting the registration of a SPECTACLES trademark, Phillips Nizer partner Alan Behr outlines his thoughts on the dispute in our latest opinion column.

UKIPO refuses NORTON MOTORCYCLE RACING trademark application

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.
Tag Template - News Hub PRO

Recent articles

spot_img