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New CJEU reference: What is the relevant point in time for the assessment of design infringement?

The IPKat

This is one of the questions posed by a Belgian court to the Court of Justice of the EU (CJEU) in a new reference for a preliminary ruling ( Van Ratingen , case C-749/24). Background Koninklijke Philips NV (Philips) marketed various air fryers under the brand Airfryer. Ratingen appealed to the referring court.

Designs 59
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Trade Dress Protection for Non-Traditional Marks in the Fashion Industry

IP and Legal Filings

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. In an aesthetic-driven industry, these marks are very important for differentiating one brand from another.

Brands 98
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Common Mistakes to Avoid When Registering a Trademark

IP and Legal Filings

Introduction Registration of a trademark is an important step toward building a brand on solid ground. Today, in a competitive marketplace, the difference between a successful strategy for the long-run has to do with brand identity. That should represent your brand and not explain it.

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The Madrid Protocol: Streamlining International Trademark Registration

IP and Legal Filings

This blog will examine the features, benefits, effective functioning, and strategies on how best to use the Madrid Protocol to protect the brand globally. Separate applications for trademarks are still required for those markets. Such a process engages the company in the efficient allocation of resources in terms of market expansion.

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How Brands Can Help Change Gen Z’s Attitudes Toward Counterfeiting

Corsearch

With Gen Zs growing influence on global eCommerce, their attitudes toward counterfeiting present both a challenge and an opportunity for brands. In his previous role as Head of Digital IP Enforcement for Tommy Hilfiger , Alastair lead the global strategic operations for brand protection, encompassing both online and offline actions.

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Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?

SpicyIP

Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Moment marketingrefers to a strategy where brands can take advantage of ongoing events to gain relevance, and especially for some of the sheen of patriotic athletic victories to wear off on them.

Branding 105
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Van Doren Lifestyle revisited: the reversal of the burden of proof due to market partitioning

The IPKat

Kat friend Jan Jacobi reports on a recent case where only the intrepid dare tread—-trade mark exhaustion and market partitioning. Some trade mark proprietors (contractually) restrict their distributors from selling to certain markets.

Marketing 126