By Sahil Yadav
Romania substantially amended its trademark legislation via Law 112/2020 which entered into force on July 13, 2020. Amendments to the Implementing Regulations are expected in September 2020. The new law was enacted to implement the EU trademarks Directive 2015/2436 and make it a part of Romanian law by amending and supplementing the older Law 84/1998.More
On July 1, 2020, the new Federal Law on the Protection of Industrial Property (“FLPIP”) was published in the Mexican Official Gazette. The FLPIP contains important changes to laws governing intellectual property in Mexico, which were made to comply with the United States-Mexico-Canada Agreement (“USMCA”) (in Mexico officially known as T-MEC,More
On June 6, 2020, Mexico acceded to the Hague System for the International Registration of Industrial Designs, governed by the Hague Agreement. Under the Hague Agreement, industrial designs protect ornamental aspects of an object. However, each country has its own legislation for the protection of industrial designs.More
Gewerkschaft der Polizei – Bundespolizei v. Deutsche Polizeigewerkschaft (case no. 1 BvR 1246/20)
Germany is known as a jurisdiction where ex parte preliminary injunctions are relatively easy to obtain. But in a June 3,More
Lucky Brand Dungarees, Inc. v. Marcel Fashions Grp., Inc., __ U.S.__, 140 S. Ct. 1589 (2020)
The Supreme Court of the United States—in the context of a two-decade-long trademark dispute between clothing brand Marcel Fashions dba Get Lucky and jean maker Lucky Brand—ruled that the traditional theories of claim preclusion could be extended to bar a defendant from asserting defenses in a later suit that were not raised or fully litigated in an earlier suit. More
By Allison Strickland Ricketts
United States Patent and Trademark Office v. Booking.com B.V., 591 U.S. ___ (2020)
In United States Patent and Trademark Office v. Booking.com B.V., 591 U.S.More
Cosmetic Warriors Ltd & Lush Limited v. Amazon.co.uk Ltd & Amazon EU SARL [2014] EWHC 181 (Ch) (10 February 2014)
In February 2014, the High Court of England and Wales issued a ruling which provides some key guidance on permissible Google AdWords usage and usage of trademarks as search terms more generally.More
By Joseph A. R. Gerber
The Second Circuit in February 2020 upheld a $6.75 million statutory damages award against a New York City real estate developer who whitewashed graffiti art on his property. The decision clarifies standards for analyzing cases under the rarely litigated Visual Artists Rights Act (“VARA”),More
Sinclair v. Ziff Davis, LLC and Mashable, Inc., Case No. 18-cv-790-KMW, 2020 WL 1847841 (S.D.N.Y. April 13, 2020)
The United States District Court for the Southern District of New York held on motion to dismiss that embedded use of content that is publicly posted on Instagram by the copyright owner does not give rise to a copyright infringement claim by the copyright owner.More
In re: Forney Industries, Inc., 955 F.3d 940 (Fed. Cir. 2020)
By Michael J. Antonucci
In a recent decision, the Court of Appeals for the Federal Circuit held that color marks can be inherently distinctive when used on product packaging. More