Work Area: Enforcement & litigation

Latest content

Dust settles on five-year Nestlé dispute over A2 mark

This dispute between Nestlé and A2 Milk serves as a valuable example of how the Chinese courts will assess distinctiveness.

28 June 2024

Battle between Nike and Puma over FOOTWARE: General Court issues its decision

The court has confirmed that FOOTWARE refers to the ‘intended purpose’ of the relevant goods and services, which is a characteristic expressly listed in Article 7(1)(c). 

28 June 2024

Blow for Société du Tour de France in TOUR DE X opposition 

In a “particularly severe” decision, the General Court confirmed that there was no likelihood of confusion between TOUR DE X and the earlier TOUR DE FRANCE marks.

27 June 2024

General Court: Board of Appeal erred in assessing distinctiveness of ULTRA for beer

In this dispute between competing breweries Anheuser-Busch and Amstel, the court found that ‘ultra’ was a generic, laudatory term which was incapable of differentiating the commercial origin of the goods.

26 June 2024

US Supreme Court to hear real estate trademark dispute; counterfeit airbag warning; Clarivate unveils IP Collaboration Hub – news digest

In our latest round-up, we look at major record labels taking on AI tool Udio in a US class-action suit, Fovea IP and Obviously expanding on their partnership, and much more.

25 June 2024

Morality v freedom of expression: the COVIDIOT decision

This decision of the EUIPO’s Grand Board may be seen as a ‘high-water mark’ in applying the Article 7 absolute grounds for refusal.

25 June 2024

IP Court provides guidance on trademark use in non-use cancellation actions

The decision sets forth some criteria to determine whether goods or services should be considered the same or equivalent.

25 June 2024

Breaking the bottleneck: Brazil launches new functionality to combat counterfeiting

In an exclusive interview with WTR, the manager of Brazil's anti-counterfeiting directory, Elton Ferreira Barbosa, reveals what foreign brand owners need to know about the latest improvements to the directory.

24 June 2024

EUIPO considers genuine use of 3D bottle shape mark

When assessing the evidence of genuine use, individual pieces of evidence should not be analysed in isolation, but together, in order to identify their most likely and coherent significance.

24 June 2024

BUREK KING found to be confusingly similar to BURGER KING

The decision reiterates that the conceptual difference between two marks will generally not outweigh the visual and aural similarities between them.

24 June 2024

Unlock unlimited access to all WTR content