Region: North America

Gucci favours Southern Florida and secures preliminary injunctions exceptionally quickly, litigation data reveals

Analysis of trademark litigation data identifies Gucci as the Kering brand most active in the United States, but not in the forums you may expect

07 June 2024

Declaration from director of opposing company deemed sufficient evidence of prior use by PTAB and Federal Circuit

A design and standard character mark infringement dispute has highlighted the validity of a declaration as evidence. While the defendant argued abuse of discretion by the PTAB, the Federal Circuit disagreed and supported a declaration from the director of the opposing company as sufficient for refusal to register.

06 June 2024

EU General Court revokes BIG MAC mark, for all but meat sandwiches

McDonald’s has failed to provide evidence that its BIG MAC mark is used for more than just meat sandwiches, the EU General Court has ruled. The judgment is a “wake-up call” for owners of well-known marks, practitioners say.

05 June 2024

Harley-Davidson sues Next; TRUMP condom decision; AI sparks IP theft fears – news digest

In our latest round-up, we look at Chinese law enforcement applying more technologies in the fight against counterfeits, LaLiga seeking licensing in Brazil, and much more.

04 June 2024

The state of the IP industry: one week left to share your perspective

The input from trademark practitioners in this survey form is essential to capture an accurate representation of the current IP environment around the world.

03 June 2024

USPTO proposed fee changes: WIPO believes rule update will "violate" Madrid Protocol

The comment window for the USPTO’s proposed adjustment of trademark fees closed on 29 May, with some scathing in their assessment of the proposed rule changes.

31 May 2024

Revealed: Northern Illinois 100% more likely to grant preliminary injunctions in copyright cases than Central California

Northern Illinois receives a disproportionately large number of preliminary and permanent injunction requests, and is far more likely to grant them than other courts.

31 May 2024

Protecting the shape of products: lessons from two recent cases

Two recent decisions show that copyright is not the most effective means to protect the shape of mass-produced products sold in Canada.

31 May 2024

Trademark activity drops across all but one major register, Clarivate report shows

Trademark filings fell across five of six major registers in 2023, a new report by Clarivate reveals, but the results are more positive than they seem.

30 May 2024

Third Circuit vacates district court’s grant of relief in charity infringement dispute

In a long-running trademark spat between two children’s education charities, the Third Circuit has ruled that the district court erred in granting relief to the plaintiff. Its decision sheds light on the impact of a delay in bringing a suit as well as where the burden of proof lies.

30 May 2024