In previous articles we discussed the top
trademark and
copyright cases of 2017. This article is directed at the trends
arising from those cases.
Trends Relating to Trademarks
Two of the trends are specific to trademarks. First, it will
continue to be very difficult to protect product shape. While some
protection can be obtained by obtaining industrial design
registrations when available, it is very difficult to protect
product shape.
Click here to read our comments. Recent comments illustrating
this approach can be found
here concerning the shape of a London cab and
here concerning the shape of playground equipment.
Second, survey evidence may be more frequently used in trademark
litigation by combining claims for infringement and passing off.
The potential differences arise since a claim for passing considers
the public reaction to the impugned activity while infringement is
decided from the viewpoint of a mythical or average purchaser.
Click here to
