Saudi Arabia has joined the Madrid System, bringing its geographical reach to 133 countries and reinforcing its position as a practical and efficient solution for protecting trademarks worldwide.
Rebel files for bankruptcy due to trademark case loss
Rebel Creamery has produced keto-friendly ice cream for almost a decade, but a judge recently ruled that its packaging is too similar to Van Leeuwen’s.
Van Leeuwen sued Rebel in April 2021, alleging that Rebel’s packaging copied the distinctive pastel, monochromatic look and black-script branding associated with Van Leeuwen’s pints. Rebel denied knowingly copying the packaging and said it had not been aware of Van Leeuwen’s design when it opened in 2017 but lost the lawsuit and an appeal. The ruling required Rebel to disgorge roughly $23.8M in profits, stop selling the disputed packaging, and redesign its products to create a substantially different commercial impression.
US Supreme Court will decide who determines trademark strength
The U.S. Supreme Court recently granted certiorari in RiseandShine Corporation v. PepsiCo, Inc. to address a narrow but important trademark issue: whether a trademark’s inherent strength as part of a likelihood-of-confusion analysis is a question of law for judges or a question of fact, typically reserved for juries. The answer may affect how often trademark cases are resolved on summary judgment rather than proceeding to a jury trial.