Trademarks

The $53m cutback to $1: Lessons from MGA Entertainment v OMG Girlz
4 August 2025   The slashing of damages in a case involving MGA shows brand owners that punitive damages rarely go unchecked by federal district court judges, say Mark Sommers and Maxime Jarquin of Finnegan.

Latest Features

The EU court’s refusal to register the iconic toy highlights its resolve to block monopolies on shapes with a technical function, says Sean Ibbetson of Bristows.
The ‘double diamond’ case spotlights post-sale confusion and reins in the Court of Appeal, says Harri Berridge of HGF
The extent to which ‘post-sale confusion’ should be taken into account when determining infringement will be explored by the country’s highest court, explains Peter Nunn of Mishcon de Reya.
When an influencer’s monochrome aesthetic ended in the quiet dismissal of a complaint, it still left unanswered questions, explains William Stroever of Cole Schotz.
Inter partes hearings at the UK Intellectual Property Office that last two hours are aimed at reducing delays—the trick for advocates is knowing what to leave out, explains Aaron Wood of Novagraaf.
With the regime affecting UK exports to the EEA set to continue, Charlotte Peach of Taylor Wessing explores some of the practical implications for businesses.
India is bucking the global trend in IP filings and is well placed in key innovation areas, say Ashwin Julka and Bisman Kaur of Remfry & Sagar.
A dupe is, by definition, a copy—and a deception. But could it also erase the original mark? Johanna Gibson of Queen Mary University explores the implications of post-sale confusion.
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14 July 2025   Hype and resale prices for the cult plush monster spur rise in counterfeits | China seizes thousands of knock-off figures with ‘wrong’ number of teeth in clampdown | Collectables platform Pop Mart is China’s most valuable toy company.
11 July 2025   The new hire brings more than 30 years’ experience, with a “notably versatile practice”, including trademark prosecution, litigation, protection, and enforcement.
9 July 2025   Iconic puzzle’s shape deemed ‘purely functional’ by European court | EU court rules against Spin Master Toys in long-running legal battle.
7 July 2025   Concerns that increase in applications from Chinese companies is slowing down opposition process | Decisions on applications now average up to four months.
3 July 2025   Stability attacked Getty’s claims, leaving the image publisher struggling to conclude the hearing on a high note. The AI company presented arguments on the relevance of foreign evidence to the UK case, the commercial use of watermarks, and offered rebuttals of consumer confusion and economic harm claims. Marisa Woutersen reports.
2 July 2025   Getty narrowed its case against Stability AI, insisting that it can prove trademark and secondary copyright infringement—but is it going to be enough? Marisa Woutersen sorts through the arguments.
2 July 2025   Luxury car maker's win fuels bid to rein in third-party sales of vintage or discontinued models | Brand owners ‘implied consent’ ruled sufficient to prove ‘genuine use’ | EUIPO Board of Appeal ‘wrong’ to dismiss rights concerning spare parts and accessories.
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