Law360 UK’s Post

A recent ruling by the Fifth Circuit Court of Appeals provides critical insights into how courts evaluate exceptionality and the standards businesses must meet in trademark infringement cases. Read more about the decision here: https://bit.ly/4g1Ob7e

Important update for IP professionals! The Calcutta High Court has ruled that Associate Managers can't make quasi-judicial decisions in trademark cases. This landmark judgment could significantly impact trademark proceedings. Watch our detailed analysis video here: https://lnkd.in/gZEqDgMy For a comprehensive breakdown of the case and its implications, read our newsletter: https://lnkd.in/gMQTpz6G

Is Trademark Infringement a Civil or Criminal Offense? To put it shortly, it can be both. The Trade Marks Act provides for civil remedies such as injunctions, damages, and accounts of profits for the infringement of a registered trademark as well as penalties for criminal offences such as applying false trademarks, trade descriptions, etc. or selling/providing services under false trademarks. Thus, while trademark infringement is generally dealt with as a civil matter, it can also have criminal implications under specific circumstances. #trademarklaw #IPR

Jurisdictional Briefing, US: specimen requirements of the United States Patent and Trademark Office. Nancy Kennedy and Farzad Panjshiri of Cantor Colburn LLP detail the requirements for goods and services alongside the rules for submitting specimens at the USPTO to protect trademarks and service marks. Read the full article here on page 43 👉 https://lnkd.in/gMAiT2vg #trademark #lawyer #jurisdictional #briefing #US #specimen #USPTO #goodsandservices #protection #IPlaw

In a recent decision, the Delhi High Court has stayed the registration of the impugned trademark "JACK DANIEL'S" (Class 05), citing clear malafide intent by the respondent to ride on the goodwill and reputation of the globally recognized brand. The court found prima facie violations of Section 9(2)(a) and Section 11 of the Trade Marks Act, 1999. This misuse not only tarnishes a legacy but also misleads the public. This case highlights the importance of stricter measures to address such misuse of intellectual property rights. While the judiciary plays its part in safeguarding established trademarks, it is also time for the IP office to implement robust filtering mechanisms. Such systems could prevent frivolous and deceptive registrations, ensuring that valuable judicial time is not consumed unnecessarily. #IntellectualProperty #BrandProtection #TrademarkRights #jackdaniels

Courts across Britain and Europe handed down some of the highest-profile IP decisions in years in 2024, as the U.K.'s top court settled a big trademark case and the lower courts weighed in on unfair advantage and fair licensing for essential patents. https://lnkd.in/eMqEfDsC

Understanding trademark popularity and protection in Russia. Olga Plyasunova, Head of the Trademark Department at Zuykov and partners, explains the concept and available protection for well-known trademarks in Russia with advice on how to obtain such a privilege. Read the full article here on page 29 👉 https://lnkd.in/epwF3BHw #trademark #lawyer #trademarkpopularity #protection #russia #protection #wellknownmarks #advice #IPlaw

Parties with concurrently pending suits in different venues must be wary of judgments in those venues for potential preclusive effects. When determining whether dismissing a suit is appropriate, parties must ensure they preserve their right to appeal or risk losing the chance to assert their patents against other defendants. Read more: https://bit.ly/3YRYXXW By: Nia Kyritsis, Matthew Hartman, Rubén H. Muñoz #IntellectualProperty #PatentLitigation #PatentLaw

Understanding trademark popularity and protection in Russia. Olga Plyasunova, Head of the Trademark Department at Zuykov and partners, explains the concept and available protection for well-known trademarks in Russia with advice on how to obtain such a privilege. Read the full article here on page 29 👉 https://lnkd.in/epwF3BHw #trademark #lawyer #newissue #protection #russia #wellknowntrademarks #advice #IPlaw

The Fourth Circuit Court of Appeals ordered a company to disgorge more than $40 million in profits for a trademark infringement. What was interesting about that decision was the company in the lawsuit didn't have any profits - its affiliated companies did though. Now the Supreme Court is going to weigh in on whether this kind of award is allowable. If you are a trademark pro, you have definitely been paying attention to this case. This brief article with my colleague Mary Ellen Roy concentrates on what the issue might mean for businesses that use a holding company model or otherwise divide different business lines in order to mitigate catastrophic risk. The simple plan that is usually effective in eliminating this systemic catastrophic risk failed here. If SCOTUS affirms, businesses are going to need to be looking for new ways to protect themselves. In the interim, businesses need to be paying extra attention to mitigating risks in trademark infringement lawsuits.