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Tag: Likelihood of confusion

Brands in Metaverse: from the filing of trademarks to their enforcement

The term “Metaverse” broke into the public consciousness in October 2021 when Facebook renamed itself, Meta, a testament to its ambition in this...

Caterpillar successfully opposes registration of FUNKY CAT based on its CAT mark

Ecuador Legal updates: case law analysis and intelligence SENADI upheld oppositions against applications for the mark FUNKY CAT in Classes 9, 35...

Federal or State Trademark Registrations?

Federal or state trademarks, which should I register? This is a question we regularly get in our IP practice. For cannabis brands in particular,...

EU: General Court holding UK evidence to be irrelevant post-Brexit: disagreement with earlier General Court decision(s)

On 12 October 2022, the General Court decided on the invalidity action by Shopify, Inc. against the EUTM for a number of goods and services...

Swiss Federal Supreme Court confirms trademark protection for the “Lindt Gold Bunny”

With Judgment of 30 August 2022 the Swiss Federal Court has fully granted Lindt & Sprüngli’s injunction against Lidl and has prohibited Lidl from...

Trademark case: Wreal, LLC v. Amazon.Com, Inc., USA

The district court erred by failing to analyze infringement under reverse confusion theory. The federal district court in Miami erred by concluding as a matter...

Trademarks in the metaverse

March 2022 By Kathryn Park, Principal, Strategic Trademark Initiatives, Connecticut, USA What is the metaverse? In the simplest of terms, it is a virtual space...

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.

Supreme Court clarifies that likelihood of confusion is to be presumed in infringement actions involving double identity

It is not necessary to establish whether the plaintiff’s mark has a reputation and whether the infringement is likely to cause confusion where the parties’ marks and the goods/services at issue are identical.

Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others

We’re pleased to bring you a guest post by Sangita Sharma, looking at the Supreme Court’s order in the trademark infringement case Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others. Sangita is a 3rd Year student at Gujarat National Law University and has written for us earlier here. Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others Sangita Sharma Are Sangita and Zai Sangita identical or similar? How does one differentiate...

Trademarks for Social Media Influencers

There is no question that social media has created nearly limitless opportunities for social media influencers and marketers to reach their clients outside of traditional mass-media channels. The influencer market has surpassed $10 billion dollars as platforms such as Snapchat®, TikTok® and YouTube® have enabled influencers to reach a wide variety of different demographics. Whether […]

The post Trademarks for Social Media Influencers appeared first on The Rapacke Law Group.

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.

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