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Trademark News & Insights - KBZ Trademark

News

Welcome to our blog dedicated to the fascinating world of trade marks! We are here to provide you with the latest information and valuable tips in the field of trade mark protection. Our team of experts shares knowledge about the registration process, effective monitoring, and strategies for enforcing legal aspects of trade marks.

Can a company own a colour? 

Deutsche Telekom has been associated with magenta for decades – and not just from a marketing perspective. The company owns an EU trade mark protecting a specific shade: Magenta RAL...

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Can Humor Be a Legal Defence?

Humour is great marketing tool, but using it on commercial goods is incredibly risky. Many creators assume that wrapping a famous logo in a „joke” automatically protects them as a...

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Can a company own a colour? 

Deutsche Telekom has been associated with magenta for decades – and not just from a marketing perspective. The company owns an EU trade mark protecting a specific shade: Magenta RAL 4010....

Can a Simple Colour Scheme Land You in a Million-Dollar Trade Mark Lawsuit?

It happens more often than you think! When major brands battle over colors, the legal battle rarely hinges on the palette alone-it comes down to The Power of Context....

Can a Colour Scheme Constitute Trade Mark Infringement?

7-Eleven has sued Nike over the Air Max 95 model, which features orange, green and red stripes – colours that have been associated with the retail chain for decades. 🏪🔥 According to 7-Eleven, a similar colour scheme may lead consumers...

Can a Product Shape Lose Trade Mark Protection?

A guitar shape can be protected not only by copyright - it may also function as a trade mark! This is exactly what was at stake in the dispute between Gibson and Dean Guitars. Gibson accused Armadillo Distribution Enterprises, the...

Can You Copyright the Physical Shape of a Product?

When an iconic design is copied across an industry for decades, trademark courts can rule the outline "generic"—destroying source protection. 📉 But losing trademark exclusivity doesn't mean your design is free for competitors to steal! Smart creators rely on Applied...

Can a Guitar Shape Be Protected by Copyright?

Fender is escalating the dispute over the Stratocaster’s body shape and has served a cease-and-desist notice on Yamaha. 💥 Interestingly, the case mainly concerns copyright. Previously, a German court had ruled that the distinctive shape of the Stratocaster body constituted...

Can You Legally Claim Ownership Over an Entire Genre?

Many creators worry that using a familiar settingm or casting a famous genre actor will trigger a massive copyright lawsuit. In copyright law, the boundary between legal inspiration and illegal copying comes down to one fundamental principle: Idea vs. Expression....

Can the Title of a TV Series Become a Trade Mark?

Of course it can! This is perfectly illustrated by the example of the TV series “Grey’s Anatomy”. “Grey’s Anatomy” is now more than just the name of a popular medical drama. It is also a recognisable brand that can be...

When Does Inspiration Become Copyright Infringement?

HBO and the creators of the hit medical drama TV series “The Pitt” are facing a lawsuit for alleged copyright infringement of the legendary 90s TV show “ER”! 📺🩺 Since before the show was released, lawyers for the Michael Crichton...

Can Consumer Surveys Decide a Trademark Case?

The Coca-Cola Company is known for its very comprehensive brand protection strategy. This time, The Coca-Cola Company – which also owns the ‘Fanta’ brand – attempted to block the registration of the FANTOLA trademarks for various snacks and beverages, owned...

Can You Reserve a Brand Name Before You Even Launch a Product?

Announcing or testing a new business name without legal protection opens the door for competitors to snatch it right out from under you. Under trademark law, an Intent-to-Use (ITU) filing allows you to lock down priority rights to your name...

Why Did Coca-Cola Trademark “Spricy”?

A spicy new move in the beverage world! The Coca-Cola Company has officially submitted a brand-new trademark application for the word „Spricy” with the U.S. Patent and Trademark Office!...

Can Temu Help Protect Your Brand?

Not only is TikTok stepping up its efforts to protect intellectual property, other e-commerce platforms are also developing similar solutions....

Is Your Brand Protected in the Fast-Paced World of Social Shopping?

Social commerce moves at lightning speed. Unlike traditional web stores with static listings, social platforms thrive on short-form video ads, viral trends, and live-stream shopping. Because infringing products can appear and disappear in hours, traditional manual „Notice-and-Takedown” enforcement is no...

TikTok Steps Up the Fight Against Counterfeits

TikTok Shop has launched TikTok Real - a global intellectual property protection programme designed to support intellectual property rights holders in combating infringements, including the sale of counterfeit goods....

Where Does a Joke End and Trademark Infringement Begin?

The French court – the Versailles Court of Appeal – ruled that the use of slogans referencing Hermès and Birkin on handbags may infringe trademark rights, even if the message was intended to be humorous. 🇫🇷🏛️ The case concerned handbags...

Can Humor Be a Legal Defence?

Humour is great marketing tool, but using it on commercial goods is incredibly risky. Many creators assume that wrapping a famous logo in a „joke” automatically protects them as a parody. But trademark law has a very strict definition of...

Why Are Online Marketplaces Treated Differently?

When a traditional store imports inventory, they face strict legal responsibilities to certify that every item is safe, chemical-free, and compliant with local laws. But the rise of direct-to-consumer e-commerce has exposed a massive regulatory gap....

Can a Joke Infrige a Trademark?

The Jack Daniel’s v Bad Spaniels case shows that a successful parody is not always entirely legally safe. In this case, the parties were Jack Daniel’s, with its trademarks and the distinctive design of its Tennessee Whiskey bottle – featuring...

Can You Lose a Trademark by Not Using It?

We have received, directly from Swim Shady Pty Ltd, the latest decision from the Australian Trade Marks Office regarding the SHADY and SHADY LIMITED trade marks, owned by Marshall B. Mathers III....

Why “Free” Trademark Licenses Are Never Really Free

Why would a brand license its famous name for "free" with zero royalties? It sounds like a generous gift, but in trademark law, "free" never means "uncontrolled." In fact, giving away your name without keeping a tight grip on how...

Can Fashion Be Toxic?

Can fashion be toxic? According to the latest report on the SHEIN brand, the answer is yes. Research has shown that dangerous chemicals have been detected in some of the clothes sold by SHEIN — including children’s clothing - in...

Can a Public Airport Have a Private Trademark?

Florida Governor just signed a bill to rename Palm Beach International Airport after President Trump - but there’s a massive legal twist!...

Can a Big Brand Steal Your Identity?

What happens when a global giant legally erases your business overnight? 🏢📉 Most people understand standard trademark infringement: a small copycat mimics a famous brand to steal their customers. But there is a much more dangerous, silent trap for small...

Is Your Old Brand Name Still Protected?

Is your old brand name sitting on a shelf gathering dust? ⏳⚠️ In the world of Intellectual Property, "abandonment" is a very real threat. If you stop using a mark, you risk losing your exclusive rights to it — opening...

Apple vs. iCloud: A Lesson in Reverse Confusion

Have you heard about the case Apple vs. iCloud Communications? This is a good example of reverse confusion! In 2011, Apple launched its 'iCloud' service, completely drowning out a small Arizona company called iCloud Communications, which had used the name...

How Polaroid Brought a Trademark Back to Life

The brand was iconic, but brand recognition did not save the business from trouble. Polaroid filed for bankruptcy in 2001, and in 2008 it ceased production of its iconic instant film. Millions of cameras remained on the market, but the...

Taylor Swift Sued Over “Life of a Showgirl”

Trouble in the pop world! 💥 Taylor Swift is being sued by Las Vegas showgirl Maren Wade who claims singer’s latest album infringes on her established brand. 🎰⚖️ Wade, who has performed "Confessions of a Showgirl" since 2014, alleges that...

Who Will Own Twitter’s Old Trademarks?

WHO WILL TAKE OVER ‘TWITTER’? 🐦⚖️ Following Elon Musk’s rebranding of Twitter to ‘X’, things have become really interesting around the old trademarks! 🔄📉 Due to the rebranding, some of the trademarks associated with the ‘Twitter’ brand may have been...

Aspirin: When a Trademark Becomes a Generic Name

Trademark dilution is a risky phenomenon… as was discovered by Bayer, which held the rights to the registered trademark “Aspirin”. Bayer’s brand was protected at the beginning of the 20th century. Everything changed after the First World War, when Bayer...