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LexOrbis | India | 11 Sep 2023
Assessing phonetic similarity and likelihood of confusion
The Delhi High Court recently vide its judgment dated May 17, 2023, decided a trademark dispute between INSTITUT EUROPEEN D ADMINISTRATION DES…
Dacheng Shanghai | China | 7 Jul 2023
非规范使用注册商标引发的商标侵权案件中侵权判定的考量要素
商标侵权案件中，在被告就其使用的被控侵权标识本身享有注册商标商标权情况下，如果被控侵权标识基本上属于对自己注册商标标识的使用，则通常不会引发民事侵权问题，…
RK Dewan & Co | India | 31 Mar 2023
Well-reasoned decision from the Bombay High Court
After a long time, I became privy to a well-reasoned decision in a trademark suit issued by the Commercial Division of the Bombay High Court while…
RK Dewan & Co | India | 19 Jan 2023
The ANDAMEN Case
A short judgement (5 pages long) passed by Justice Sanjeev Narula of the Delhi High Court on the 10th of January '23 came to my notice. The case goes…
Grau & Angulo | Spain | 8 Nov 2021
Supreme Court rejects consumer error theory
The so-called "consumer error theory" was a jurisprudential trend that held that for a crime to be committed it was necessary for the characteristics of the illicit products to sufficiently mislead the potential purchaser as to their authenticity. In a recent case, the Supreme Court stated that consumer error is not a requirement for a crime. This ruling will certainly have a huge impact on......
Westerberg & Partners Advokatbyrå AB | Sweden | 1 Nov 2021
No likelihood of confusion between LEGALROOM and LEGALZOOM
In a recent judgment, the Patent and Market Court of Appeal emphasised the conceptual differences between the trademarks LEGALROOM and LEGALZOOM. The Court considered the relevant Swedish public to have good knowledge of English and therefore to be capable of grasping the different meanings of "room" and "zoom". The Court concluded that the visual and phonetic similarities between the......
Arent Fox LLP | USA | 15 Apr 2019
Packaging Alert: Do Your Research To Avoid Looking Like A Dum Dums
This case shows the risks of imitating a market leader’s packaging, even if it appears to be common place, without market research and careful…
Hogan Lovells | USA | 12 Apr 2019
The Curse of Shoeless Joe Continues: TTAB Finds White Sox Fan Lacked Bona Fide Intent-To-Use
For any baseball fans already preparing to capitalize when their favorite team wins their next World Series game, you may strike out before getting up…
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 2 Apr 2019
Federal Circuit to TTAB: Consider All Dupont Factors in Likelihood of Confusion Analysis
The Federal Circuit recently reminded the Trademark Trial and Appeal Board that when analyzing whether a likelihood of confusion exists between two…
Mirandah Asia | Singapore | 21 Mar 2019
Apple Secures IWATCH Trademark Registration in Singapore
On 24 January 2019, the Intellectual Property Office of Singapore ("IPOS") delivered its written judgement dismissing an opposition filed by Swatch AG…
