By Tamar Duvdevani and Gina Durham

Love and Peace apparently abound in the restaurant industry (at least when it comes to establishment names using the two words in combination), but the Trademark Trial and Appeal Board had neither love nor peace for Juice Generation, Inc. (“JG”) when it refused registration of its trademark, PEACE LOVE AND JUICE, in light of pre-existing registrations for PEACE AND LOVE in the same class held by GS Enterprises LLC (“GS”).  According to the Board, the marks were likely to create consumer confusion pursuant to In re E. I. DuPont DeNemours & Co., 476 F.2d 1357, 1361 (CCPA 1973).  However, on July 20, 2015, the Federal Circuit vacated and remanded TTAB’s refusal to register. 
Continue Reading FEDERAL CIRCUIT VACATES TTAB REGISTRATION REFUSAL: WHERE’S THE LOVE (AND THE PEACE) IN THE TTAB’S ANALYSIS?

By Iyanka Zdravkova and Julie De Bruyn

In a recent judgment concerning a dispute between Jean Cassegrain S.A.S (Longchamp) and a Belgian reseller of leather handbags, the Court of Appeal of Ghent denied copyright protection to Jean Cassegrain’s handbag “Le Pliage,” serial number 1623, created and commercialized since 1993.


Continue Reading BELGIUM: NEW DEVELOPMENTS IN THE FRAMEWORK OF THE COPYRIGHT PROTECTION OF HANDBAGS

Over the past two weeks, the Trademark, Copyright, and Media Practice Group in Washington, D.C. hosted Afef Mars, a licensed Tunisian attorney, who came to the United States to gain a better understanding of U.S. law with particular focus on the areas of trademarks and its role in franchising.  We took advantage of the opportunity to sit down with Afef and talk to her more about her experience and views on the value of U.S. law. 

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Remarks Blog: What motivated you to learn more about the law of other countries?

Afef Mars: It is important to work to prove our skills as lawyers in a global setting.  Through scientific and technological advances in recent years, the world is growing ever smaller such that travel in the virtual world takes place within seconds.  The practice of law has always intrigued me. Ever since I was a young girl, I dreamed of being a lawyer.  Now that I am practicing, I want to continually strive to develop creative solutions for my clients.  Sometimes, in Tunisia, the body of law that exists does not cover the issue one must address so it can be necessary to understand how other countries are handling similar scenarios.


Continue Reading Tunisian Attorney Talks Trademarks, Franchising, and the Benefits of Understanding the Legal Systems of Other Countries

By Ed Chatterton

Unlike many countries, it is not possible to register trademarks for retail services in China. This position has recently changed with the implementation on January 1, 2013 of the revised Chinese Trademark Office (CTMO) trademark classification which now recognizes retail and wholesale services, albeit in a limited way. The CTMO’s revised classification now recognizes seven new items of services in Class 3509 covering “retail and wholesale services for pharmaceutical, veterinary and hygienic preparations and goods for pharmaceutical purposes.” These new service specifications will protect the sale of pharmaceutical, veterinary, and hygienic preparations across all points of sale, including traditional “brick and mortar” stores as well as online retailers.


Continue Reading China Allows Registration For Retail Services