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Sector: Consumer Goods

Fanatics’ year of expansion makes for an award-winning brand protection team

WTR’s Fashion and Apparel Team of the Year is in a strong position to contribute towards continued brand growth at Fanatics.

FIGHTER owner obtains ex parte injunction against FITTER

The decision underscores the significance of safeguarding established trademarks from potential infringement.

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.

Latest content

Japan dismisses David Chandler’s opposition against CHANDLER and CHANDLER BATS

USPTO rejection of US applications is insufficient evidence to establish a high degree of popularity and reputation of CHANDLER, rules the Japan Patent Office.

27 August 2024

JPO rejects Apple opposition against quarter-cut apple mark

The Japan Patent Office has found a low degree of similarity between Apple’s logo and a device mark representing a quarter-cut apple.

20 August 2024

Cobra Golf registers MIM after JPO Appeal Board finds museum logo's figurative element dissimilar

The Japan Patent Office Appeal Board has found dissimilarity between Cobra Golf’s MIM mark and the MIZKAN MUSEUM composite mark.

12 August 2024

How to navigate substantive change and bad faith when it comes to refurbished goods in China

With no fixed guidance in judicial practice, what constitutes substantive change on a refurbished product can be difficult to define. However, analysis of jurisprudence in previous cases sheds light on how rights holders can avoid potential pitfalls when it comes to proving bad faith.

08 August 2024

IPEC rules in favour of AGA finding legitimate reason preventing application of exhaustion of rights defence

The Intellectual Property Enterprise Court has provided useful guidance on the exceptions to the exhaustion of rights defence, in a dispute over the sale of “retrofitted” AGA cookers.

02 August 2024

How to draw a firm line between refurbishment and infringement in China

Products that are refurbished without authorisation can be a problem for rights holders looking to safeguard their brand image. It is therefore crucial to understand what constitutes infringement when it comes to refurbished goods.

01 August 2024

Nike will need to “cool” off after a recent Third Circuit ruling

The US Court of Appeals for the Third Circuit has held Nike liable for trademark infringement over the use of Lontex’s COOL COMPRESSION trademark in its apparel line descriptions. Under plenary review and abuse of discretion, the Third Circuit reviewed the lower court’s decision on whether a jury could find infringement.

31 July 2024

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