Trade Marks

Trademarking in the Metaverse and NFTs – the MetaBirkin decision

In one of the first legal cases to assess how trade mark law will apply to digital images protected by non-fungible tokens (“NFTs”), a New York jury has found that the MetaBirkin images produced by Mason Rothschild infringe the trade mark rights of Hermès in its Birkin bag. Artist Mason Rothschild created images of a… Read more »

Absolutely Not Registerable Roundup- January 2023

As Trade Mark Attorneys, one of the questions we are asked on an almost daily basis is whether new marks are registrable. As UK IPO practice is forever evolving, it can be helpful to conduct regular reviews of the kinds of marks being refused by the UK IPO. In the latest instalment of our seasonal… Read more »

What should you keep in mind when trying to protect non-traditional marks in the fashion industry?

Louise Foster and Anastasia Osipovich discuss recent cases around unconventional 3D and 2D fashion trade marks and the role that evidence plays in such cases. It is no surprise that securing registered protection for the aesthetic appearance and external elements of fashion items is highly desirable for brand owners, especially given that such protection can… Read more »

She-Hulk in Trade Mark Trouble

In the ever-expanding Marvel Universe, their latest Disney + offering follows the life of Jen Walters, an LA Attorney and newly turned superhero following an accidental blood cross-contamination with her cousin Bruce Banner. Of all the lessons of heroism and sacrifice that can be taken from the superhero world, Episode 5 of She-Hulk; Attorney At… Read more »

When is a Cat not a Cat? When it’s a Caterpillar. Or a Tigercat. Or is it?

Author: Dan Byrne   Tigercat International Inc. (“Tigercat”) and Caterpillar Inc. (“Caterpillar”) have been in conflict in numerous countries around the world due to conflict arising between Tigercat’s name and Caterpillar Inc’s commonly used abbreviation “Cat”. Most recently, a dispute in the EU IPO has resulted in Tigercat losing an opposition for its application for… Read more »

Litigation by STEALTH not permitted by Court of Appeal

Litigation by STEALTH not permitted by Court of Appeal Introduction It is not uncommon for trade mark owners to purchase old, and unused, trade mark registrations as part of their commercial IP strategy, but what happens when a party acquires a right during the course of litigation and deliberately conceals the fact it has done… Read more »

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