Industry: Agribusiness & food

Court of Session Outer House addresses appeal from UKIPO in whisky spat

This is only the second time that the Court of Session in Scotland has considered an appeal from the UKIPO under Section 76 of the Trademarks Act.

02 November 2023

Tenth Circuit rules no likelihood of confusion in Jägermeister dispute

In a trademark suit against Jägermeister, the court affirmed the decision that no infringement had taken place. While the word at issue was being used in advertising by both parties, the difference between the products was sufficient for the claim to be dismissed.

26 October 2023

Grubhub relishes victory against preliminary injunction

Consumer confusion theory functioned in favour of food-delivery service Grubhub, acquired by Just Eat in 2021, in a trademark infringement dispute over logo similarity.

19 October 2023

Demand for weight-loss drugs highlights key factors for brand owners tackling opportunistic infringers

As Novo Nordisk and Eli Lilly work overtime to meet soaring demand for their popular diabetes and obesity drugs, trademark experts weigh in on what brand owners can do when opportunists take advantage of supply issues.

12 October 2023

Blow for Volkswagen in opposition involving VW Type 2

The JPO found that there was no likelihood of confusion between a device mark containing a depiction of a van-type vehicle, to be used for wines in Class 33, and the iconic VW Type 2.

11 October 2023

Conceptual identity between Russian and English word elements leads to confusion

The First Board of Appeal of the EUIPO declared that Schweppes’ mark MAY TEA was invalid due to a likelihood of confusion with earlier national marks in Cyrillic script.

10 October 2023

Determining the ‘crax’ of the matter: an application of Section 10(17) in opposition proceedings

This Supreme Court of Appeal’s judgment clarifies that Section 10(17) of the Trademarks Act is not limited to cases involving dissimilar goods or services.

10 October 2023

A lack of intention to use prevents registration of KANGAROO MOTHER mark

The Federal Court found that the broad scope of the goods specification was “obviously speculative”.

06 October 2023

Third Circuit deems candy shape and colour functional and unprotectable

Well-known sweet manufacturer Haribo has prevailed in an infringement dispute, relying on consumer common sense. The case sheds light on the role of functionality in trademark ownership and how two products can be found not to encroach on one another’s marks despite great similarity between them.

05 October 2023

Legal Updates you may have missed: how to prove genuine use of an EU trademark

We continue our latest series of pieces highlighting Legal Updates that you may have missed by looking at recent guidance by the EU General Court on what constitutes genuine use of an EU trademark.

03 October 2023