While both direct and indirect confusion occur in the real world, the use of this distinction in the legal test of a likelihood of confusion is unnecessary. Further, the requirement to explain a ...

It may be punny or even funny, but a unanimous Supreme Court has decided that the “Bad Spaniels” dog-toy brand may infringe and dilute the “Jack Daniel’s” trademark.[1] Last week’s opinion puts an end ...

Italian law. It stated that the test includes, among other things, an assessment of (i) the context in which a trademark has been used as well as the actual terms of its registration, and (ii) any ...

In a recent decision (Cofresco Frischhalterprodukte GmbH & Co KG v Controller of Patents, Designs and Trade Marks & Reynolds Metals Company (Ms Justice Finlay Geoghegan, June 14 2007), the Irish High ...

In Aceites del Sur-Coosur SA v Koipe Corporación SL, the ECJ has held that there was a likelihood of confusion between the figurative trademarks LA ESPAÑOLA and CARBONELL for olive oil. The case ...