Preclusive TTAB determination? Second Circuit says, not so fast.
Peju Province Winery L.P., v. Cesari S.R.L., 2026 WL 1643746 (2d Cir. June 8, 2026), helpfully clarifies when a TTAB determination has preclusive effect in later-litigated Lanham Act claims. Italian winemaker Cesari, owner of the registered mark LIANO for wines, opposed an Application by Peju, a California winemaker, for LIANA, also for wines. In a 2004 decision, the TTAB held that Peju’s mark was likely to cause confusion. Later, when Cesari sued for infringement, the district court granted Cesari’s motion for summary judgment, finding the TTAB decision preclusive.
The Second Circuit reversed: It held that the 2004 TTAB decision was not preclusive because that decision had not considered the “marketplace context” of the parties’ marks. For instance, the TTAB never considered that Peju’s goods were different because its product was a California dessert wine while Cesari’s was a typical Italian wine. This holding reaffirms the Supreme Court’s opinion in B & B Hardware, Inc. v. Hargis Indus., Inc., 575 U.S. 138 (2015), which rejected the preclusive nature of TTAB decisions that do not account for the “marketplace usage of the parties’ marks.”
Massimo Capizzi
Fade to Green: EU’s “greenwashing” advertising rules begin in September
Rules under the Empowering Consumers for the Green Transition Directive (EU) 2024/825 (the “Directive”), which covers environmental claims made in marketing and advertising in and beyond EU borders, will apply starting September 27, 2026. The Directive’s rules include:
- Generic claims banned: “Eco-friendly,” “green,” “biodegradable,” and similar terms are no longer permitted unless backed by recognized, relevant environmental performance and measurements.
- Restrictions on carbon offsetting: Claims of “neutral,” “reduced,” or “positive” climate impact cannot be based solely on emissions offsetting.
- Sustainability labels: Companies may only use sustainability labels officially established by public authorities or backed by transparent, independent, third-party certification schemes.
- Overinclusive claims: An environmental claim about an entire product is prohibited when it relates only to one aspect of it.
EU member states must establish effective and proportionate penalties, currently 4% of annual turnover in many states, with a minimum floor of approximately $58,000 to $230,000 USD in some states. Additional potential damages include mandatory corrective advertising, product recalls/relabeling, legal costs, and lasting reputational damage.
Companies doing business in the EU should therefore review advertising claims immediately for such “greenwashing” issues.
Eric Gordon and Carole Klinger
DATA PRIVACY
Privacy in the “Pelican State”: Louisiana enacts its Data Privacy Act
The Louisiana Data Privacy Act (LDPA), effective January 1, 2027, marks the twenty-second state comprehensive privacy law. With elements of various states’ privacy laws, the LDPA applies to companies conducting business in Louisiana that: (1) earn annual gross revenues exceeding $25 million; (2) annually process the personal data of 75,000 or more Louisiana consumers, households, or devices; or (3) derive 50% or more of global revenue from data sales.
The LDPA exempts certain entities and categories of data already subject to sector-specific regulation. Covered companies must grant standard consumer rights, including the ability to access, correct, or delete personal data and to opt out of data sales or targeted advertising.
Notably, processing sensitive or biometric data requires explicit consent, and data controllers must conduct data protection assessments for certain processing activities. The State Attorney General will handle enforcement, with fines up to $5,000 per violation, and a 30-day cure period will sunset permanently on July 31, 2027. Accordingly, businesses subject to the LDPA law should map their data and update privacy notices as needed before the deadline.
Eric Gordon and Carole Klinger
INTERNATIONAL
India – An innovative idea: Waive fees for sports-related IP filings
During World Intellectual Property Day at the end of April 2026, India’s Union Commerce and Industry Minister Piyush Goyal announced that, for three years effective immediately, all fees are waived for trademark, copyright, patent, and design filings in India that are related to sports. This reaches sports technology, equipment, merchandise, and team brands or logos.
The dual policy goals of this initiative are to encourage individuals to protect their ideas and assets through intellectual property laws by securing their rights and to boost the nation’s sports industry – including sports equipment manufacturing, smart wearable devices, e-sports technology, sports infrastructure, and youth participation. The government will also support this initiative by assisting with filings processes as needed. This initiative demonstrates the country’s commitment to advancing its intellectual property and sports ecosystem.
Takeaway: IP owners in the sports sector should consider filing new applications in India within the next three years to take advantage of this opportunity.
Darra Frino
EU – CJEU ruling clarifies reputation-based protection for comic book character name
Les Editions Albert René, publisher of a popular French comic series featuring the fictional characters Astérix & Obélix, sought to invalidate a registration for OBELIX covering weapons and explosives. The publisher based the invalidation on its earlier rights to OBELIX for a range of goods and alleging damage to reputation.
The EUIPO rejected the invalidity request due to insufficient evidence of OBELIX as a signifier of origin possessing independent reputation. In annulling the decision, the CJEU found that the EUIPO did not sufficiently consider a number of factors, including that OBELIX was consistently used with the registered trademark symbol ® to signal that it is an independent trademark. The EUIPO also improperly disregarded evidence in which the publisher used the OBELIX mark in conjunction with the ASTERIX character, which does not prevent OBELIX from being perceived as a distinct trademark with its own reputation.
The CJEU also held that the EUIPO did not sufficiently assess the link between the two marks at issue, focusing instead on the differences between the goods in question. The existence of a link must be considered globally and assess all relevant factors including the degree of distinctiveness of the earlier mark. The CJEU decision is helpful for trademark owners who want to challenge third parties that infringe only one element of the trademark owner’s well-known mark.
Maritza Schaeffer and Darra Frino
Pakistan – Copyright Amendment Bill
The goal of Copyright Amendment Bill 2026, under consideration in the Pakistani Parliament, is to modernize Pakistan’s copyright law to account for advances in technology. It is not clear when the final bill will be approved. But this is a welcome development, given that the most recent legislation dates back to the 1960s and has been inadequate in its ability to provide protection and enforcement rules in today’s digital world. We are closely following the evolution of this process as it moves toward providing copyright protection in all relevant sectors. In the meantime, stakeholders in the local copyright space should evaluate the current breadth and status of their copyright holdings, including any licensing arrangements currently in place.
Janet Hoffman
Uganda – Copyright and Neighbouring Rights (Amendment) Bill
In addition to seeking ratification of numerous international copyright treaties, including the Berne Convention, the WIPO Copyright Treaty and Performances and Phonograms treaties, and the Beijing Treaty on Audio-visual Performances, the Bill is expected to provide significant protection on the internet and in other technological spaces. Among the key provisions are: (1) stronger royalty and revenue collection and distribution procedures, (2) more substantial penalties for violations, including up to 10 years’ imprisonment and substantial fines, (3) broader protection for derivative works and orphan works.
In addition, the bill provides for mandatory registration of copyright-related contracts for enforcement purposes. Significantly, the bill also provides rightsholders and the Uganda Registration Services Bureau more efficient tools for eliminating unauthorized content from the internet.