Industry: Agribusiness & food

UKIPO opposition decision: Stihl got it!

The decision highlights the importance of filing evidence of reputation and to rely on all relevant grounds of opposition.

02 September 2024

Unlawful use doctrine may (or may not) be a defence to trademark infringement in the Eleventh Circuit

The Federal Circuit found that the district court had misread the Eleventh Circuit’s decision in FN Herstal.

30 August 2024

Disney has $600,000 verdict overturned; Mars acquires Pringles owner; Tesco files new Clubcard logo – news digest

In our latest round-up, we look at Ikea trialling a second-hand marketplace, the Japanese government publishing AI and copyright guidance, and more.

27 August 2024

Ninth Circuit rejects false advertising claim regarding Dove Dark Chocolate

This case serves as a reminder to plaintiffs that file false advertising claims that they are required to identify a connection between an allegedly misleading claim and the manner in which consumers will be deceived.

21 August 2024

Goods in transit: does it amount to infringement?

In a ruling that will have significant implications for trademark owners and would-be infringers, the Intellectual Property High Court of Kuala Lumpur has broadened the concept of “use in the course of trade” to include goods in transit.

04 July 2024

Likelihood of confusion between marks consisting of elderly men’s portraits: Board of Appeal decision highlights inadequacy of criteria used by EUIPO

The Board of Appeal confirmed that there was no likelihood of confusion between two marks consisting of the photographic portrait of an elderly man in traditional farming attire, both covering wine.

15 May 2024

Second Circuit denies Modelo summary judgment over ambiguous terms in licensing agreement

The scope of the definition of ‘beer’ in a trademark licensing agreement has been called into question after the licensee began selling hard seltzers under the plaintiff’s brand. The court’s summary judgment denial highlights the need for specificity when it comes to defining products in such agreements.

25 April 2024