Sector: Food and Beverage

Latest content

Use of term in descriptive manner is not genuine use of trademark

In Henkell & Co Sektkellerei KG v European Union Intellectual Property Office the General Court held that the evidence provided by Henkell in order to prove genuine use of its earlier EU trademark did not prove to the requisite legal standard that the earlier trademark had been put to genuine use during the relevant period.

23 May 2016

India considers strict penalties for celebrities who endorse dangerous or faulty products

In the wake of recent scandals involving the brands Maggi and Amrapali, Indian politicians are considering the introduction of harsh penalties for celebrities who endorse products and services that are deemed to be detrimental to consumer interests. If realised on the statute books, the proposals could have a significant impact on advertising and trademark strategies on the subcontinent.

13 May 2016

High standard for Red Bull to meet in interim injunction case

Red Bull has failed to obtain an interim injunction preventing Drink Red from selling a ready-mixed drink containing vodka and an energy drink and an energy drink without alcohol, despite evidence suggesting that confusion was likely and that Drink Red had a serious case to answer.

09 May 2016

With brand origin at the top of consumers’ priorities, GI protection is more important than ever

Around 75% of consumers around the world consider geographical origin to be the most important driver in their purchase decisions, or at least as important as other factors, according to recent research from Nielsen. The findings point to the increasingly prominent role that geographical indications can play in companies’ IP portfolios.

05 May 2016

MONSTER ENERGY case runs out of energy in the Supreme Court

In Indonesia, while there is often a strict requirement that where the parties in litigation differ, cases must be separated, it is less clear when two causes of action are fought between two parties

04 May 2016

Geographical indications in the EU, and the €4.3 billion market of infringing products: an infographic

The EU Intellectual Property Office has released a new report that reveals the level of infringing goods within the European Union’s €48 billion market for products bearing geographical indications. We have created an infographic to summarise the headline findings and highlight some of the key takeaways for trademark counsel.

03 May 2016

Battle over tea brand could have significant implications for treatment of trade dress in China

China’s Supreme People’s Court is poised to rule on a case which could provide a major test of how courts in the country, whose laws do not explicitly protect trade dress, will handle disputes over product packaging.

29 April 2016

Bottle blow: EU court rejects Coca-Cola bottle-shape trademark

29 April 2016

TTAB refuses registration despite consent agreement

Despite a consent agreement between the applicant and the registrant, the Trademark Trial and Appeal Board (TTAB) affirmed the refusal to register ‘time traveler blonde’ for beer based on likelihood of confusion with the prior registered TIME TRAVELER mark for beer, ale and lager. The TTAB quickly determined that the respective goods and trade channels were the same and that the purchase of beer could be made on impulse without careful deliberation.

14 April 2016

McDonald’s pricing backlash highlights brand control challenge in franchise arrangements

Allegations that McDonald’s restaurants have been charging customers in some of New Zealand’s poorest areas more than those in wealthier districts have highlighted the challenge facing franchisors when trying to control brand messaging.

05 April 2016

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