Industry: Consumer & retail

Infringement spat between two paint rivals highlights limits of using common words as trademarks in India

The High Court of Calcutta has clarified when common words can be used as registered trademarks. The dispute between two paint companies illustrates how use of regular words by other industry players can impact a business’s exclusive trademark rights.

29 February 2024

UKIPO reports find men far more likely to buy counterfeits from influencers

Male consumers are significantly more likely to willingly purchase counterfeits, with social media endorsement driving a significant proportion of illicit sales, a new report has found.

22 February 2024

Rolex loses out on disgorgement of profits from laches defence in Fifth Circuit ruling

A Fifth Circuit decision has clarified the difference between the restoration and customisation of luxury watches, as well as the impact that a delay in filing infringement charges can have on the success of a disgorgement claim.

22 February 2024

GO’s appeal is no-go: Federal Circuit says EVERYBODY VS RACISM fails to function as source identifier

Given the record, it was reasonable to conclude that the mark is commonly used on apparel in an informational and ornamental manner to convey an anti-racist sentiment.

21 February 2024

New Balance unsuccessful in opposition against NYAN BALANCE

Surprisingly, the JPO did not find that NEW BALANCE had a high degree of reputation as a source indicator of New Balance’s products.

20 February 2024

Chanel prevails against resellers; EUIPO expands on fake medicine role; wine metaverse launches – news digest

In our latest round-up, we look at US Customs seizing $1.2 million in counterfeit luxury goods, Anaqua launching AnaquaGov, and much more.

16 February 2024

ZATAP’s vision for the future of resale authentication

In an exclusive interview, the co-founder and CEO of ZATAP David Geisser explains how his company’s authentication technology could revolutionise the resale market and extend the lifespan of luxury products.

15 February 2024

Hummel successfully appeals against rejection of chevron position mark

The JPO Appeal Board concluded that the relevant consumers would recognise the position marks, which consisted of a chevron pattern applied to jackets and trousers, as a source indicator.

14 February 2024

Procter & Gamble v Momeasy: key takeaways

The decision notably highlights that copyright infringement cannot be established by the registrar in trademark opposition proceedings.

13 February 2024

What Super Bowl counterfeit surge means for Nevada court docket

Court data analysis reveals the likely outcomes of pursuing Super Bowl opportunists in Nevada.

09 February 2024

Unlock unlimited access to all WTR content