Category: Trademarks
Clouds, hearts and sloths…. Mr. Wonderful’s Good Vibes through the prism of the Unfair Competition Law
Can a company monopolize a certain way of presenting its articles to the market without having a recognized exclusive right? Can this company prevent competitors from including positive messages, animation and ornamental elements such as arrows or hearts on their products? This is precisely the subject of the debate in judgment no. 27/2022, in […]
Kerry versus Kerry: coexistence or likelihood of confusion between trademarks
Although trademarks may well coexist peacefully in some markets it is not always the case in other countries where their origin is less well known. This is illustrated by a recent dispute heard by the Supreme Court between two trademarks for butter and margarine from county Kerry in Ireland. The two trademarks, Kerrygold and Kerrymaid, […]
Trade names as a protective tool in the event of subsequent trademark applications
Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. Although these assets are similar, their purpose is not identical, and this fact should be taken into consideration when designing an effective protective strategy to ensure that the rights in these signs are enforced in respect of […]
Diversity IP: diversity also makes inroads in intellectual property
Fashion brands follow trends in society and growing awareness in favor of diversity is no different. Increasingly more trademarks are being registered for goods that either allude to diversity or which are directly linked to these new trends. It must be said that the Italian brand Benetton was the pioneer in backing inclusion with campaigns […]
Virtual Fashionistas: How can you protect fashion that you can’t touch?
Fashion is celebrated above all for its versatility – its ability to adapt to every era and to change with the times. Right now we are living the intangibles revolution: social media, online shopping, on screen greetings, audio messages and meetings via platforms. Now it is the turn of fashion. That is, fashion you can […]
The five steps to help you protect and enforce your trademarks in Portugal
If you have a start-up or an established business and wantto safeguard the trademark you have created and registered, when faced with infringement of the trademark in Portugal you should follow five rules: anticipate and act quickly; conduct a thorough investigation with support from a professional monitoring service; secure evidence of the infringement; work with […]