Consumer outrage against e-retailer Backcountry.com illustrates the risks of taking an overly aggressive approach to the enforcement of trade mark rights, particularly where the mark in question is arguably quite descriptive.
Insights: Trade Marks
A recent decision of the UK IPO demonstrates the importance of filing evidence of reputation, if available, as well as sufficient evidence of use when an opposition relies on a mark which has been registered for more than 5 years.
October was a bad month for shapes. Not only did the General Court confirm the cancellation Seven Town’s EU Trade Mark Registration for the 3D shape of its mind-boggling ‘Rubik’s Cube’ toy, the EUIPO’s Cancellation Division also declared Gibson Brands, Inc.’s Registration for a 2D depiction of the shape of its ‘Firebird’ or ‘Thunderbird’ guitars partially invalid.
Hot off their memorable 2-0 victory over Tottenham Hotspur in the Champions League Final this summer, Liverpool FC thought it wise to bolster their brand protection to stop others from also benefiting from their success by selling imitation products. And rightly so, but it seems Liverpool FC might have been a little too ambitious in what they thought they could protect as their ‘brand’.
Recent commentary by experts in the fashion industry tells us that 70% of fast-fashion is being dumped in landfill after a handful of wears. In the UK, we are noticing that brands are increasingly becoming more conscious about sustainability.
The EUIPO has faced a number of problems over the years in connection with acceptable specifications for EUTM applications.
After this year’s changes to the UK Trade Mark Act, significantly less than there used to be, it seems.
To all IRONMAN triathletes: If there was ever any doubt that you really are an IRON MAN superhero too, you now have confirmation.