A new academic paper argues that Amazon has upended the US trademark system with little public recognition, and that questions about trademark law in the modern age need answering.
The TTAB has denied Monster Energy Company’s petition for cancellation of a golden PREDATOR mark and instead granted a summary judgment in connection with the claim the owner did not have a bona fide intent to use.
A deep dive into two Beijing High Court judgments indicates that a company’s use of its own mobile app constitutes trademark use and can therefore maintain registration in the face of cancellation or invalidation actions. Businesses should be aware of this when dealing with trademark challenges in China.
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
WTR’s monthly column tracks trademark and related policy developments, including the progress of major bills, from around the world.
27 May 2024
In an infringement spat between the Fire Department of New York and a first responder, the Second Circuit overturned a district court decision to grant a preliminary injunction. The ruling highlights the importance of the differences between descriptiveness and secondary meaning under the Lanham Act.
23 May 2024
The court’s decision means brand owners will not be able to hold company directors liable for the infringing actions of their businesses without evidence of essential knowledge.
15 May 2024
A petition has been filed at the US Supreme Court to take up a case to end the USPTO’s domicile address requirement, with the trademark community urged to consider filing a petition in support of certiorari.
13 May 2024
USPTO confirms it has suffered a “data security incident” exposing the private domicile addresses of trademark users – the second such incident in less than a year.
10 May 2024
INTA has filed an amicus brief disagreeing with the court’s interpretation of ‘article’ under the Indian Designs Act, arguing that a recent decision could leave granted designs vulnerable to cancellation.
09 May 2024
The Fourth Circuit has upheld a district court decision to deny footwear manufacturer Timberland trade dress protection for its boot design. The decision highlights the need for direct evidence of a unique, nonfunctional design when applying for protection of this kind.
09 May 2024
While revised guidelines from the Turkish Patent and Trademark Office aim to distinguish between types of consumers when it comes to buying goods and services, the metaverse raises questions about how to apply the guidance to classes of products and trademarks in the virtual space.
09 May 2024
In our latest round-up, we look at the adidas v Thom Browne three-stripes decision being affirmed, a report finding that brands should “forget about politics”, and much more.
07 May 2024
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