CHIEVER’s Post

Elements of Trademark Infringement For a claim of trademark infringement to succeed, the following requirements must be satisfied: (i) the registered trade mark must have a reputation in the relevant territory; (ii) there must be use of a sign by a third party in the relevant territory; (iii) the use must be in the course of trade; (iv) it must be without the consent of the proprietor; (v) it must be of a sign which is identical with or similar to the trade mark; (vi) it must be in relation to goods or services; (vii) it must give rise to a link between the sign and the trade mark in the mind of the average consumer; (viii) it must give rise to one of three types of injury, that is to say, (a) detriment to the distinctive character of the trade mark, (b) detriment to the repute of the trade mark, or (c) unfair advantage being taken of the distinctive character or repute of the trade mark; and (ix) it must be without due cause. - Lidl Great Britain Limited & Anor v Tesco Stores Limited & Anor [2024] EWCA Civ 262

⚖️ Penn State’s Trademark Lawsuit Heads to Trial⚖️ A legal battle is brewing as Penn State’s trademark lawsuit against a merchandise maker heads to trial. The case underscores the ongoing importance of protecting intellectual property in the promotional products and merchandise industry. Trademark disputes like this serve as a reminder for all businesses to ensure they are compliant with licensing agreements and brand guidelines. Stay updated on this high-stakes case and its potential industry impact. #TrademarkLaw #LegalUpdate #Merchandise #PromoProducts #IntellectualProperty #BusinessCompliance #PennState 🖊️ @christopher ruvo https://lnkd.in/eCiYfcMK

The U.S. Supreme Court’s recent decision will drive B2B-OEMs to be much more aware of protecting the IP of their proprietary part numbers. It will make it more difficult for U.S.-based brand owners to shut down counterfeits and trademark infringement abroad. The risks for the quality/reliability reputation of a B2B-OEM will have to be reviewed by Legal. I have experienced such issues of counterfeits and trademark infringements outside the US....and it is not "pretty'. #oem #b2b #counterfeits #IP

Misleading and identical mark used on the same class of goods is infringing. Owner or the actual operator of an infringing entity will likely be held jointly liable for #infringement. The assessment of trademark similarity involving geographical names should primarily focus on comparing the non-geographical parts. #eastip #chinaip #chinatrademarks #trademarks #ipdispute #ipr #ipprotection

#SurveyResearchExpertWitness #MarketingExpertWitness #EconomicDamagesExpertWitness #TrademarkInfringement  Maker’s Mark pursued trademark infringement claims against Spalding Group alleging that the packaging of the Bourbon Cigar was intentionally designed to “evoke an association by customers between [t]he Bourbon Cigar on the one hand and Maker’s Mark and the prior Licensed Cigars on the other” following the termination of an exclusive license to use Maker’s Mark’s trademarks to create and sell cigars seasoned with Maker’s Mark bourbon. To support its trademark infringement claims, Maker’s Mark retained Ran Kivetz, a professor at Columbia University Business School with experience in consumer psychology and surveys, to conduct a survey to estimate the likelihood that consumers would mistake the Bourbon Cigars for a Maker’s Mark product. To rebut Maker’s Mark’s trademark dilution claims, Defendants retained Hal Poret, a public opinion researcher with a master’s degree in mathematics and a law degree from Harvard Law School, to conduct surveys to evaluate whether the words “Marker’s Mark” and the red wax design are famous. Maker’s Mark also retained Michael A. Einhorn to calculate Defendants’ profits that may be recoverable. The Court admitted the expert opinions presented by Kivetz and Einhorn but limited the testimony of Poret https://lnkd.in/gcJgAE4X

In this article, my Foley colleagues discuss how proactively assessing risks and taking steps to avoid infringement helps emerging companies avoid costly and time-consuming trademark disputes. #foodandbeverage #manufacturing #consumerproducts

In this article, my Foley colleagues discuss how proactively assessing risks and taking steps to avoid infringement helps emerging companies avoid costly and time-consuming trademark disputes. #foodandbeverage #manufacturing #consumerproducts

In this article, my Foley colleagues discuss how proactively assessing risks and taking steps to avoid infringement helps emerging companies avoid costly and time-consuming trademark disputes. #foodandbeverage #manufacturing #consumerproducts

The SPC held that the burden of proof for individual retailers’ legitimate source defense should be moderately reduced. The distinctiveness of a registered #trademark is not a consideration in determining similar trademarks. #eastip #beip #trademarkattorney #chinatrademarks #chinaip #brandprotection #brandmanagement

Coach and its parent company, Tapestry, Inc., have filed a complaint against Gap, Inc. for trademark infringement, counterfeiting, unfair competition, and false designation of origin. The lawsuit claims that Gap, Inc. improperly used the word "COACH" on the front of their Old Navy brand t-shirts. Gap will likely defend by claiming that they are using the word in a merely ornamental fashion. Should be interesting to see what happens. #Gap #Coach #Trademarks