15 Oct, 2024 ELON and ELTON: Trademark Conflict or Not? By Maarten Haak Finally another decision that simply assumes a likelihood of confusion. The EUIPO Board of Appeal grants the opposition by the earlier...
10 Jul, 2024 Sponsored Links in Brazil: Will Courts Ban Them? By Bruna Rego Lins A recent decision by the São Paulo State Court of Appeals in the case between Via S/A (“Via”) and Magazine Luiza S/A (“Magazine Luiza”)...
17 Apr, 2024 Copyright Counseling and Protection: An Excerpt from the Advertising Law Tool Kit By Linda Zirkelbach By Justin E. Pierce & Linda J. Zirkelbach Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which...
06 Aug, 2023 Do Consumers Think That "Texas Pete" Hot Sauce is Made in Texas? By Jeff Greenbaum T.W. Garner Food Co. makes "Texas Pete" hot sauce. The product label includes a cartoon image of a cowboy throwing a lasso as well as a...
27 Mar, 2023 Europe - Will An EU trademark Be Registered If It Contains 'F*cking'? By Maarten Haak Should a mark including the particle 'fucking' be registered as a trademark? Or is such sign contrary to accepted principles of morality?...
01 Mar, 2023 Throwing Shade at Slim Shady? Eminem’s Opposition to the TM Registration for “Reasonably Shady” By Brian Murphy Kimberly Maynard May I have your attention, please? Shadeshady are glorious words, with rich history and evolving, overlapping and metaphorical meanings....
25 Feb, 2023 Jury Awards Six-Figure Damages to Hermès in First Major NFT Decision By Jacklyn Siegel Sarah Benowich A recent jury verdict in a closely watched case filed by French luxury fashion brand Hermès clarified how traditional trademark law can...
23 Feb, 2023 Top 10 Issues for 2023 By Allison Fitzpatrick James Johnston Paavana Kumar Brooke Singer Louis DiLorenzo Alexa Meera Singh +3 more... Show less The top advertising and marketing issues this year are largely focused on one theme: Protection. Marketers will need to be aware of...
01 Feb, 2023 Can an Advertisement Mock a Fictional Character Like Zorro? By Ernesto Apa Chiara Marchisotti The Supreme Court of Cassation delivers a momentous decision on parody as an exception to copyright and trademark Decision No....
09 Dec, 2022 SodaStream: CJEU on Exhaustion of Trademark Rights in Refilled and Relabeled Gas Bottles By Maarten Haak Can one refill a refillable SODASTREAM carbonated gas bottle and put one’s own label on it, while the engraved brand SODASTREAM also...
05 Dec, 2022 Soccer and NFTS: The First NFT-Related Judgment in Italy By Lydia Mendola On July 19, 2022, the Court of Rome issued the first order concerning Non-Fungible-Tokens (“NFTs”) ever published by the Italian courts –...
05 Jul, 2022 Use of a Trademark by an Online Service Provider: AG Szpunar’s Opinion in the Louboutin/Amazon Case By Chiara Marchisotti This article has been written in collaboration with Marianna Riedo Advocate General Maciej Szpunar issued his opinion in Joint Cases No....
18 May, 2022 Hopelessly Devoted to Fair Use: District Court Holds that Vape is Parody of Grease By Brian Murphy Sketchworks Comedy is the producer of Vape, a play advertised as a "millennial parody" of Grease. (You can watch Vape's trailer here.)...
18 Aug, 2021 You're Invited: "Evolving Restrictions on the Use of Corporate Branding" By Jeff Greenbaum The International Advertising Association, in cooperation with the Global Advertising Lawyers Alliance, is hosing a webinar, "Evolving...
29 Jul, 2021 Trademarks "Eco-friendly" What's New in Poland? By Ewa Skrzydlo-Tefelska Recent research indicates that the eco-cosmetics segment in Poland grew by 39% between July 2019 and June 2020 while the product range...
21 Dec, 2020 The Testarossa Trademark Tested By Mathijs Peijnenburg Do you still recognise this car? The trademark on the racing monster of Crockett and Tubbs from the 80s and 90s was recently the subject...