IP cases involving BlackBerry Limited

Bad Faith trademark filings worldwide have increased significantly over the past years. And while the problem persists, the trademark lawyers still struggle to define consistent minimum acceptable standards for dealing with bad faith trademark applications. Resolution of the ongoing dispute between Lidl and Tesco could have significant implications for future rulings concerning bad faith trademark registrations.

Another day another case of a trademark dispute between a fashion giant and a small food business. A South Korean fried chicken restaurant recently lost a trademark battle against designer Louis Vuitton. The court ruled in the designer's favor after determining that the restaurant's name Louis Vuitton Dak was too similar to Louis Vuitton.

One of the most common reasons for trademark disputes has to do with the perceived similarity between existing trademarks. The two trademarks are considered “similar” if they share common characteristics connected to their appearance, sound, meaning and commercial impression, and if they are used for related goods or services. This is seen as a problem from brand perspective because the consumers might believe that the owners of the two trademarks are related, affiliated, connected, or that the goods or services originate from the same source.