Work Area: Trademark law

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USPTO proposed fee changes: WIPO believes rule update will "violate" Madrid Protocol

The comment window for the USPTO’s proposed adjustment of trademark fees closed on 29 May, with some scathing in their assessment of the proposed rule changes.

31 May 2024

Nike three-stripes decision overturned; Wordle challenges WORLDLE; Ronaldo scores NFT collection – news digest

In our latest round-up, we look at the UK Supreme Court allowing an appeal of Iconix v Dream Pairs, Queen in talks to sell its back catalogue to Sony, and much more.

31 May 2024

Third Circuit vacates district court’s grant of relief in charity infringement dispute 

In a long-running trademark spat between two children’s education charities, the Third Circuit has ruled that the district court erred in granting relief to the plaintiff. Its decision sheds light on the impact of a delay in bringing a suit as well as where the burden of proof lies.

30 May 2024

NO FAKES hearing; China's plan for authorities; Vietnam administrative sanctions – legislation and policy watch (May 2024) 

WTR’s monthly column tracks trademark and related policy developments, including the progress of major bills, from around the world.

27 May 2024

District court erred in granting preliminary injunction, Second Circuit rules

In an infringement spat between the Fire Department of New York and a first responder, the Second Circuit overturned a district court decision to grant a preliminary injunction. The ruling highlights the importance of the differences between descriptiveness and secondary meaning under the Lanham Act. 

23 May 2024

Why brand owners will be disappointed by UK Supreme Court director liability ruling

The court’s decision means brand owners will not be able to hold company directors liable for the infringing actions of their businesses without evidence of essential knowledge.

15 May 2024

“The implications are profound” – USPTO domicile rule heads to Supreme Court

A petition has been filed at the US Supreme Court to take up a case to end the USPTO’s domicile address requirement, with the trademark community urged to consider filing a petition in support of certiorari.

13 May 2024

“Disappointing” – USPTO suffers second data breach of applicant domicile addresses

USPTO confirms it has suffered a “data security incident” exposing the private domicile addresses of trademark users – the second such incident in less than a year.

10 May 2024

INTA steps in to contest Delhi High Court interpretation of ‘article’ 

INTA has filed an amicus brief disagreeing with the court’s interpretation of ‘article’ under the Indian Designs Act, arguing that a recent decision could leave granted designs vulnerable to cancellation. 

09 May 2024

Timberland denied trade dress registration over lack of distinctiveness 

The Fourth Circuit has upheld a district court decision to deny footwear manufacturer Timberland trade dress protection for its boot design. The decision highlights the need for direct evidence of a unique, nonfunctional design when applying for protection of this kind. 

09 May 2024

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