Sector: Food and Beverage

Latest content

Geographical indications in the EU, and the €4.3 billion market of infringing products: an infographic

The EU Intellectual Property Office has released a new report that reveals the level of infringing goods within the European Union’s €48 billion market for products bearing geographical indications. We have created an infographic to summarise the headline findings and highlight some of the key takeaways for trademark counsel.

03 May 2016

Battle over tea brand could have significant implications for treatment of trade dress in China

China’s Supreme People’s Court is poised to rule on a case which could provide a major test of how courts in the country, whose laws do not explicitly protect trade dress, will handle disputes over product packaging.

29 April 2016

Bottle blow: EU court rejects Coca-Cola bottle-shape trademark

29 April 2016

TTAB refuses registration despite consent agreement

Despite a consent agreement between the applicant and the registrant, the Trademark Trial and Appeal Board (TTAB) affirmed the refusal to register ‘time traveler blonde’ for beer based on likelihood of confusion with the prior registered TIME TRAVELER mark for beer, ale and lager. The TTAB quickly determined that the respective goods and trade channels were the same and that the purchase of beer could be made on impulse without careful deliberation.

14 April 2016

McDonald’s pricing backlash highlights brand control challenge in franchise arrangements

Allegations that McDonald’s restaurants have been charging customers in some of New Zealand’s poorest areas more than those in wealthier districts have highlighted the challenge facing franchisors when trying to control brand messaging.

05 April 2016

Trademarks and geographic place names

The Federal Court of Appeal has confirmed that if a mark contains the name of a geographic location from where the goods or services emanate, then the mark is clearly descriptive of the place of origin and is not registrable.

29 March 2016

"Things are different in China", alleged trademark squatter claims after court win

In January, wine seller Castel Freres SAS lost the latest battle in a decade-long dispute with a Chinese company over the KA SI TE (卡斯特) trademark in China. However, the Supreme People’s Court decision to significantly reduce the damages meant some observers saw it as a win for Castel. In subsequent comments made to <i>World Trademark Review</i>, a representative for Panati emphasised the court’s affirmation that it is the rightful owner of the KA SI TE name.

24 March 2016

Not so sweet decision on GUMMI BEAR-RINGS application

Cadbury Netherlands International Holdings BV has successfully opposed an application to register the GUMMI BEAR-RINGS mark, based on an earlier Spanish registration for the mark GUMMY covering identical goods.

23 March 2016

EU General Court rejects three-dimensional trademark application for Coca-Cola bottle

The EU General Court has rejected an appeal by Coca-Cola against the refusal of a three-dimensional Community trademark application for the Coca-Cola bottle.

16 March 2016

Bacardi ramps up HAVANA CLUB battle, in court and through the media

In January we noted that the resumption of legal proceedings would make the US federal district court the key battleground for control of the Havana Club brand in the US. This week Bacardi filed an amended complaint, asking for the removal of the HAVANA CLUB mark from the register.

15 March 2016

Unlock unlimited access to all WTR content