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Trademarks › Bad Faith

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Hogan Lovells

No more pie in the sky: UK Supreme Court rules over-broad trade marks invalid for bad faith – Sky v SkyKick

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On 13 November 2024, the Supreme Court handed down its long-awaited judgment in SkyKick UK Ltd and another v Sky Ltd and others [2024] UKSC 36. It held that the Court of Appeal was wrong to overturn the High Court's findings...more

Lippes Mathias LLP

Do Intentions Matter?: New Intellectual Property Perils in the Digital Age

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If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use...more

Smart & Biggar

Canadian Trademark Law 2023: A Year in Review

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2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding.   Notable changes also emerged from the Canadian Trademarks...more

Linda Liu & Partners

Protection of Well-known Trademarks Needs to Take into Account the Bad Faith of the Disputed Trademark and the Relevance of the...

Linda Liu & Partners on

Judgment Gist - Before the filing date of the opposed trademark, Westin Hotel Management, L.P. (“Westin L.P.”) successively operated hotels with the brand name “威斯汀 (Wei Si Ting – Westin in Chinese)” in Shanghai, Beijing,...more

Womble Bond Dickinson

Defendant Cannot Keep Trademark and Copyright Infringement In The Dark

Womble Bond Dickinson on

We have discussed New York-based lighting and furniture designer and manufacturer Hudson Furniture, Inc. in a previous post. While that case has since been terminated, Hudson recently won summary judgment—a finding that...more

Jaburg Wilk

Internet Eviction: Using the UDRP to Boot Cybersquatters

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Cybersquatters often exploit brand owners by demanding a large payment for a domain name that is similar to the brand owner’s trademark. Cybersquatters may also seek to profit from rerouting internet traffic intended for the...more

McDermott Will & Emery

It’s PRUdent to Refrain from Cybersquatting: ACPA Applies to Domain Name Re-Registration

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit joined the Third and Eleventh Circuits in ruling that the re-registration of an infringing domain name with a bad faith intent to profit violates the Anti-Cybersquatting Consumer...more

Linda Liu & Partners

Strategies to Deal with Bad Faith Trademark Rights Enforcement

Linda Liu & Partners on

The trademark system in China follows the first-to-file rule. As long as the application meets the statutory application requirements, trademark registration can be obtained, resulting in a large number of bad faith...more

Katten Muchin Rosenman LLP

Bad Faith Games – Hasbro Rolls and Loses - Kattison Avenue/Katten Kattwalk | Issue 2

Katten Muchin Rosenman LLP on

For EU and UK trademarks, there is a five-year grace period following the issuance of a registration, during which the trademark owner must use the mark in connection with the goods and/or services covered by the registration...more

AEON Law

Patent Poetry: EU IP Board Reverses Decision on Banksy Monkey Trademark

AEON Law on

The European Union Intellectual Property Office’s (EUIPO) Board of Appeal has reversed a EUIPO decision from May 2021 canceling a trademark registration for an image of a monkey by the anonymous UK artist known as Banksy....more

Rivkin Radler LLP

Insurance Update - November 21 2022

Rivkin Radler LLP on

Our November Insurance Update covers several topics. We’ve seen cases on whether contractors who repair homes can recover directly from insurers through assignments. The Nebraska Supreme Court now considers whether a...more

Linda Liu & Partners

Who Moved My Curry? the Impact of Bad Faith on Trademark Similarity Determinations—Study on Typical Trademark Opposition Case of...

Linda Liu & Partners on

It is well known that one of the key issues in trademark registration allowance and affirmation cases is whether a trademark is similar to another prior conflicting trademark on identical or similar goods. The determination...more

Linda Liu & Partners

Hit by the lawsuit against WIPO domain name dispute decision in China? Respond actively! (UPDATED)

Linda Liu & Partners on

For domain name disputes, applying to WIPO Arbitration and Mediation Center for arbitration is a way that many foreign right holders are willing to choose because of its fast speed and low cost. If the respondent is a Chinese...more

Linda Liu & Partners

Hit by the lawsuit against WIPO domain name dispute decision in China? Respond actively!

Linda Liu & Partners on

For domain name disputes, applying to WIPO Arbitration and Mediation Center for arbitration is a way that many foreign right holders are willing to choose because of its fast speed and low cost. If the respondent is a Chinese...more

Dorsey & Whitney LLP

Important Trademark Development from China for 2022: What US Brand Owners Need to Know

Dorsey & Whitney LLP on

China has been speeding up its legislative efforts in protecting trademark rights and improving its trademark administration. In 2021, China issued a number of new rules and regulations on trademark practice....more

Weintraub Tobin

Podcast - The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR...

Weintraub Tobin on

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between the Lord of The Rings Author’s Estate and the Cryptocurrency JRR Token. ...more

Weintraub Tobin

The Briefing from the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token

Weintraub Tobin on

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between the Lord of The Rings Author’s Estate and the Cryptocurrency JRR Token....more

McDermott Will & Emery

Greek God or Continent? Defining “Confusing Similarity” under the Anti-Cybersquatting Consumer Protection Act

McDermott Will & Emery on

Examining whether a registered mark and a domain name were confusingly similar under the Anti-Cybersquatting Consumer Protection Act (ACPA), the US Court of Appeals for the 11th Circuit affirmed the district court’s grant of...more

Dorsey & Whitney LLP

In Europe, There is No “Free Parking” for Re-Filers

Dorsey & Whitney LLP on

In the much-anticipated Hasbro Inc. v. EUIPO (T-663/19) decision, the General Court of the European Union announced a new approach to evaluating bad faith in trademark filings and signaled a more aggressive stance toward the...more

BakerHostetler

Blacklist Complaints: A Novel Tool Against Bad-Faith Trademark Applicants in China

BakerHostetler on

Bad-faith trademark filings can pose a painful obstacle to brand owners’ attempts to register and enforce trademark rights in China. Traditionally, trademark owners have needed to file a broad range of defensive applications,...more

Holland & Hart LLP

What to Do when "Everything Sucks"

Holland & Hart LLP on

For years, domain names were restricted to twenty-two basic generic top-level domains (gTLDs), including the popular ".com," ".net," and ".org." In late 2013, the Internet Corporation for Assigned Names and Numbers (ICANN),...more

McDermott Will & Emery

“Icy” Guidance on Polaroid Factors

McDermott Will & Emery on

In a “somewhat unusual” trademark case involving directly competing products and marks using the same words, the US Court of Appeals for the Second Circuit reversed in part and affirmed in part the grant of summary judgment...more

Hogan Lovells

Anchovy News, September 2020

Hogan Lovells on

This is the September 2020 edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover...more

Haug Partners LLP

The United States-China Trade Deal: Key Provisions for Intellectual Property Owners

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On January 15, 2020, the United States and China entered into the Economic and Trade Agreement Between The Government Of The United States Of America And The Government Of The People’s Republic Of China....more

Hogan Lovells

China: implementing regulations for new Trademark Law published - Weapons against bad faith filings upgraded, but uncertainty...

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On 11 October 2019, China's State Administration for Market Regulation ("SAMR") published the Regulations on the Registration of Trademarks, which will become effective on 1 December 2019. The Regulations are implementing...more

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