Read and enjoy the latest about the fascinating world of trademarks here. The latest on developments in the field of trademark rights, including background information, relevant cases and videos about a range of trademark topics can be found in our Thinktank.
Blogs
La cerveza más fina: the best beer, but also the best trademark?
Grupo Modelo, the company behind the Corona brand, sought to register a graphic element from the Corona label as a European Union trademark: a black circular shape bearing the words LA CERVEZA MÁS FINA with a crown above them. Can such an element function independently as a trademark?
ABBA nutritional supplements, is that trademark infringement?
The English company ABBA Nutrition sought trademark protection for the name ABBA for, amongst other things, nutritional supplements, medical equipment, drinks, distribution of supplements, restaurant and hotel services and medical services. The famous Swedish band objected to this based on its famous trademark ABBA for music.
Emoji is a trademark but Kikkoman gets away with it
We all know emoji as digital pictograms that add expression or emotion to our messages. What is less well known is that “emoji” is also registered as a trademark by the German company Emoji Company. In a recent opposition case, that mark clashed with KIKKOMAN EMOJIGRID, applied for by the Japanese company Kikkoman.
Haaland brand stolen
What happens when someone tries to steal Erling Haaland’s name – not on the pitch, but as a trademark?
A Polish man thought he was being clever by registering “HAALAND” before the famous striker did. But the Terminator wasn’t about to let that slide.
What followed was a legal battle full of bold moves, unbelievable excuses, and one clear message: you don’t mess with Haaland – not even off the field.
Starbucks vs. Sattar Buksh – When parody is permissible under trademark law
Can you parody a well-known brand? The branding of Pakistan coffee chain Sattar Buksh shares a striking resemblance with that of Starbucks. Sattar Buksh openly admitted that Starbucks had inspired them. The founders find it amusing that “Sattar Buksh” sounds similar to “Starbucks” but explain that the wording has a completely different meaning.
A Bugatti with a vacuum cleaner under the hood?
Chinese company Dreame Technology, best known for its high-tech hair dryers and especially vacuum cleaners, declared its ambition to compete with hypercar makers like Bugatti. Dreame wants to build the world’s fastest car—by adapting the powerful motors from its vacuum cleaners for use in electric supercars. But what if Dreame’s dream car also looks a lot like the Bugatti Chiron we know?
Nike Air position mark in danger?
Skechers once wanted to protect the position of the visible cushioning of the Skechers shoe as a European trademark. But that attempt failed. The European Trademark Office found that the sign did not sufficiently deviate from the norm within the sector. In other words, the position mark lacked distinctiveness.
Now Nike has filed a position trademark for the visible air unit on its shoe.
Dog treat takes a bite out of bourbon brand Maker’s Mark
From time to time, companies in other sectors attempt to create a parody of an existing brand. After all, they argue, their product comes from a completely different industry, so confusion is unlikely. Such is the case with the dog treat from the company Wigglewow, named “Maker’s Bark.” The dog treat is shaped like the bourbon bottle, complete with the distinctive red wax on the cap.
Elon Musk’s xAI sued by gaming network Xai
The Ethereum-based gaming network Xai is taking xAI, Elon Musk’s AI company, to court. Xai’s parent company, Ex Populus, filed a lawsuit in California for trademark infringement. At the heart of the case lies the question of whether there is a likelihood of confusion between the two marks. According to Ex Populus, the similarity between “Xai” and “xAI” is misleading and damaging to their brand.
Copying: theft or tribute?
The line between inspiration and copying is a fascinating one and has fueled countless copyright disputes for decades. In trademark and design law, too, the appropriation of distinctive designs, logos, or catchy names often sparks debate. In graffiti art however, appropriating images is often considered a form of tribute or commentary on the original creator’s work.
Is the iconic COMMODORE brand making a comeback?
The Commodore 64 was hugely popular in the 1980s. Actor and YouTube creator Christian Simpson announced his intention to revive the brand. He revealed that he plans to acquire the Dutch company Commodore Corporation BV – the current holder of the trademark rights. However, his announcement stirred controversy when two Italian companies also claimed ownership of the COMMODORE brand.
A pictogram as a trademark: what we can learn from Samsung
Samsung tried to register the below pictogram of a camera as a figurative mark for a wide range of products, including phones, computers, software, and apps. The trademark consists of a lightly stylized camera within a rounded gray rectangle. Will this fairly simple icon really indicate the origin of the product, which is the main purpose of a trademark?
A concept as a trademark?
An unusual trademark application: a short video, under one minute long, explaining a game designed to tackle household clutter. The concept is accepted as a trademark by the European Union Intellectual Property Office, which raises questions for us. Is such a long video even an indication of origin? And what about the Star Wars mug in the video's - does that potentially cause problems?
PAW PATROL vs PAW PALS: Spin Master protects its pups
Canadian toy and entertainment company Spin Master Ltd. has long been the proud owner of the world-famous children’s franchise PAW Patrol. Spin Master actively protects its brand portfolio, as demonstrated by a recent opposition case against the trademark ‘PAW PALS,’ filed by a Bulgarian party.
It’s not me, it’s ChatGPT
German entrepreneur Oliver Baldus filed a trademark application for ‘It’s not me, it’s ChatGPT’ for clothing. Blaming ChatGPT? Convenient—but also risky. Not surprisingly, OpenAI noticed the application and filed an opposition based on its earlier word mark ‘ChatGPT’. What followed?
Philadelphia Eagles forgot one key trademark – and it cost them
NFL Properties Europe (NFLP), the company managing the trademark rights of NFL teams, recently encountered a trademark application of an Eagle. The team however has only registered two word marks: ‘EAGLES’ and ‘PHILADELPHIA EAGLES’. Can you effectively oppose a pure figurative mark using only word mark registrations?
Pop idol Katy Perry vs. Australian designer Katie Perry: the full story
A pop icon and a fashion label sharing nearly identical names—could that go smoothly? In 2014, Katie Perry filed a lawsuit when Katy Perry sold merchandise bearing her stage name during an Australian tour. Katie claimed this infringed on her registered trademark. What followed was a long legal battle over whether infringement had occurred and whether Katie’s trademark was valid.
OpenAI is taking over… or not?
AI seems to be the key to everything — from smart tools to smart marketing. But one thing still requires a human touch: creating a distinctive brand name. Even AI pioneer OpenAI ran into legal reality when it tried to register its own name. OpenAI, Inc. applied to register the word mark OPENAI with the EUIPO, covering software, digital applications, internet and communication services, cloud solutions and online networks.