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Category Archives: Trademarks & Brands

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N.D. California Straightens Out Competitor’s Use of Infringing Hashtags: #newdevelopments in Using Trademarks as Hashtags

The Northern District of California recently released an order that sheds new light on how courts grapple with the constantly-increasing use of trademarks as hashtags. Align Technology, Inc., provider of the Invisalign teeth-straightening-system, also produces the iTero Element intraoral scanner that allows dentists to obtain three-dimensional scans of a patient’s mouth, teeth, and gums. To

Influencer promo guide: Best practices for drug and device firms

In our “Influencer promo guide: Best practices for drug and device firms”, we offered a list of best practices for medical device and pharmaceutical companies interested in taking advantage of the benefits of social media influencers for advertising their products, while adhering to FDA regulations. How can these companies be mindful of FDA rules while

EU: “Der Grüne Punkt” is not a trademark used for packaged goods

“Der Grüne Punkt” is a concept that presumably everyone in Germany is familiar with; recently, the financing symbol for participation in the dual collection and recovery systems was the subject matter of proceedings before the General Court (GC). The General Court’s main task was to examine the question of whether proven use of the trademark

Spring fever at the IP Lounge 3.0 on influencer marketing

On 11 April 2019 our Düsseldorf office hosted its third IP Lounge. The IP Lounge is an event planned and hosted by our younger associates and particularly addresses “Young Professionals” to provide a time and place to get to know each other and exchange ideas. This time, the hot-topic “Influencer-Marketing” was discussed. Dr. Ricarda Braun,

District Court of Hamburg: Swabian whisky not allowed to use the word “glen” in its name

Since 2013, the Scotch Whisky Association (SWA) has tried to prohibit the Swabian whisky producer Waldhornbrennerei, which is based in Berglen near Stuttgart, from using the trade mark “Glen Buchenbach”. After the case was referred to the CJEU, the District Court of Hamburg [Landgericht – LG] ruled in favour of the Scottish association, stating that

The Curse of Shoeless Joe Continues: TTAB Finds White Sox Fan Lacked Bona Fide Intent-To-Use

For any baseball fans already preparing to capitalize when their favorite team wins their next World Series game, you may strike out before getting up to bat at the Trademark Trial and Appeal Board (“TTAB”) in the United States Patent and Trademark Office (“USPTO”). In a recent precedential decision, the TTAB found that “a mere

Real Estate Horizons: The Power of the Brand

Real Estate Horizons is a snapshot of key legal topics and market trends across the globe. This post higlights the importance of IP rights in this sector. With property developments increasingly focusing on experience and becoming “destinations” or lifestyle brands in their own right, branding has become an essential element of the development process. Therefore,

Polish Patent Office publishes guidelines on new types of trademarks

Following the enactment of the Act amending the Industrial Property Law of 20 February 2019 which implements the Directive of the European Parliament and of the Council (EU) 2015/2436 of 16 December 2015, the Polish Patent Office (PPO) has recently published guidelines (in Polish) concerning new types of trademarks. In the guidelines, the PPO points

Consumer Horizons 2019 – IP in the mix

The Consumer industry is evolving at lightning speed, and the way consumer companies operate is shifting. From issues in supply chain to the digitalization of the consumer experience, companies are rapidly changing to keep up with consumer demands. Last year businesses in the consumer industry saw a wave of unprecedented disruption and transformation, and 2019

UPDATE – TTB’s proposed labeling modernization: What alcoholic beverage companies need to know

Recently, an interdisciplinary team from our IPMT and Food Regulatory practices discussed a pending proposed rulemaking from the Alcohol and Tobacco Tax and Trade Bureau (TTB), the primary federal agency that regulates alcohol beverages. On November 26, 2018 TTB proposed modernizing its labeling and advertising regulations with the goal of making the current regulations simpler

German courts set advertising stage for the 2020 Olympic Games in Tokyo

Although the opening ceremony of the next Olympic Games in Tokyo is still more than a year away, recent decisions of the German courts are already preparing the stage for commercial and advertising activities evolving around them. The courts are defining to which extent non-official advertising partners may use the Olympic designations “Olympiade”, (“Olympics”) “Olympia”

China: Would a rose by any other word taste as sweet? Blocking rose-shaped chocolate monopoly in a complex trademark & OEM dispute

Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark infringement claim before a Chinese court. The case involves cutting-edge IP issues such as the distinctiveness and infringement assessment for 3D-trademarks, and

USPTO Proposes new rule requiring foreign trademark applicants to be represented by US licensed attorney

  The United States Patent and Trademark Office (“USPTO”) has recently issued a notice of proposed rulemaking that would require all foreign-domiciled trademark applicants, registrants, and parties to TTAB proceedings to be represented by a US licensed attorney.  The proposed rule is designed to protect the integrity of the US Trademark Register and address the uptick

U.S. – Top takeaways from TTB’s proposed labeling modernization: What alcoholic beverage companies need to know

If you make a living producing and selling alcohol beverages, congratulations, you are beloved by many! As someone who manufactures spirits, wine, beer, or other alcohol beverages, you not only address the high demand for your libations, but also the complex and often confusing regulations that affect your business. Now, however, you have the opportunity

Implementing the EU Trade Marks Directive: Benelux, France, Germany, Italy, Poland & Spain

Earlier this year, our European team held two webinar sessions focusing on the implementation of the EU Trade Marks Directive and its impact across various Member States. We have just published an info-sheet which covers the key developments in Benelux, France, Germany, Italy, Poland & Spain, and includes a quick-reference comparative table. Download the info-sheet here. The webinar recordings are also available via registration here and

Benelux trademark law now in line with EU Trade Marks Directive

Today, the amended Benelux-Convention on Intellectual Property (“BCIP”) will enter into force, bringing Benelux trademark law in line with the European Trade Marks Directive. We have summarized the most important changes below. New possibilities for non-conventional marks One of the most important changes to the BCIP is the deletion of the requirement of graphical representation,

Webinar: Since EU been gone – How tech and IoT product companies can be Brexit-ready

There are fewer than 35 days until the United Kingdom leaves the European Union – is your company prepared for a no-deal scenario? On 14 March Hogan Lovells and techUK are hosting a webinar to look at what final steps tech and Internet of Things (IoT) product companies should do (and what others have been

China Trademarks: 2018 Highlights & 2019 Forecast

Last year, right holders in China have seen a number of major developments including; a milestone Supreme Court judgment dealing with trademark squatting, new specialized cyberspace courts, a new E-Commerce law, clarification on OEM trademark infringement; and the first court appeal granting registration of a sound mark. This year, further developments are expected with; the

Global IP Outlook 2019 – Two steps forward and a look back

2018 posed new opportunities and challenges for IP-rich businesses, with major new legislation introduced in Europe to govern trademark and trade secret protection; significant and transformational case law in the U.S., and the confirmation of new planned IP-specific legislation for several jurisdictions in Asia. We’re here to help you keep abreast of these changes and

To ‘Bland’ or Not To Bland? Trademark Implications

Companies are simplifying, or “blanding,” their brands dropping unique fonts, words, and design elements left and right in favor of a pared down, sans-serif font popular in Silicon Valley, but does this drop trademark protections in the process? You’ve seen it in the ads you encounter on your way to work, on television, and probably