Can you parody a well-known brand? The branding of Pakistan coffee chain Sattar Buksh shares a striking resemblance with that of Starbucks. Sattar Buksh openly admitted that Starbucks had inspired them. The founders find it amusing that “Sattar Buksh” sounds similar to “Starbucks” but explain that the wording has a completely different meaning.

Chinese company Dreame Technology, best known for its high-tech hair dryers and especially vacuum cleaners, declared its ambition to compete with hypercar makers like Bugatti. Dreame wants to build the world’s fastest car—by adapting the powerful motors from its vacuum cleaners for use in electric supercars. But what if Dreame’s dream car also looks a lot like the Bugatti Chiron we know?

Skechers once wanted to protect the position of the visible cushioning of the Skechers shoe as a European trademark. But that attempt failed. The European Trademark Office found that the sign did not sufficiently deviate from the norm within the sector. In other words, the position mark lacked distinctiveness.

Now Nike has filed a position trademark for the visible air unit on its shoe.

From time to time, companies in other sectors attempt to create a parody of an existing brand. After all, they argue, their product comes from a completely different industry, so confusion is unlikely. Such is the case with the dog treat from the company Wigglewow, named “Maker’s Bark.” The dog treat is shaped like the bourbon bottle, complete with the distinctive red wax on the cap.

The Ethereum-based gaming network Xai is taking xAI, Elon Musk’s AI company, to court. Xai’s parent company, Ex Populus, filed a lawsuit in California for trademark infringement. At the heart of the case lies the question of whether there is a likelihood of confusion between the two marks. According to Ex Populus, the similarity between “Xai” and “xAI” is misleading and damaging to their brand.

The line between inspiration and copying is a fascinating one and has fueled countless copyright disputes for decades. In trademark and design law, too, the appropriation of distinctive designs, logos, or catchy names often sparks debate. In graffiti art however, appropriating images is often considered a form of tribute or commentary on the original creator’s work.

The Commodore 64 was hugely popular in the 1980s. Actor and YouTube creator Christian Simpson announced his intention to revive the brand. He revealed that he plans to acquire the Dutch company Commodore Corporation BV – the current holder of the trademark rights. However, his announcement stirred controversy when two Italian companies also claimed ownership of the COMMODORE brand.

Samsung tried to register the below pictogram of a camera as a figurative mark for a wide range of products, including phones, computers, software, and apps. The trademark consists of a lightly stylized camera within a rounded gray rectangle. Will this fairly simple icon really indicate the origin of the product, which is the main purpose of a trademark?

An unusual trademark application: a short video, under one minute long, explaining a game designed to tackle household clutter. The concept is accepted as a trademark by the European Union Intellectual Property Office, which raises questions for us. Is such a long video even an indication of origin? And what about the Star Wars mug in the video's - does that potentially cause problems?

Canadian toy and entertainment company Spin Master Ltd. has long been the proud owner of the world-famous children’s franchise PAW Patrol. Spin Master actively protects its brand portfolio, as demonstrated by a recent opposition case against the trademark ‘PAW PALS,’ filed by a Bulgarian party.

German entrepreneur Oliver Baldus filed a trademark application for ‘It’s not me, it’s ChatGPT’ for clothing. Blaming ChatGPT? Convenient—but also risky. Not surprisingly, OpenAI noticed the application and filed an opposition based on its earlier word mark ‘ChatGPT’. What followed?

Until about 15 years ago, trademark holders were unable to protect their trademarks for wholesale or retail services, because these services were not included in the Nice treaty governing the proper classification of goods and services. Today it is possible to protect trademarks for wholesale and retail services but not always. Read more!

NFL Properties Europe (NFLP), the company managing the trademark rights of NFL teams, recently encountered a trademark application of an Eagle. The team however has only registered two word marks: ‘EAGLES’ and ‘PHILADELPHIA EAGLES’. Can you effectively oppose a pure figurative mark using only word mark registrations?

A pop icon and a fashion label sharing nearly identical names—could that go smoothly? In 2014, Katie Perry filed a lawsuit when Katy Perry sold merchandise bearing her stage name during an Australian tour. Katie claimed this infringed on her registered trademark. What followed was a long legal battle over whether infringement had occurred and whether Katie’s trademark was valid.

AI seems to be the key to everything — from smart tools to smart marketing. But one thing still requires a human touch: creating a distinctive brand name. Even AI pioneer OpenAI ran into legal reality when it tried to register its own name. OpenAI, Inc. applied to register the word mark OPENAI with the EUIPO, covering software, digital applications, internet and communication services, cloud solutions and online networks.

SpaceX is globally renowned for designing, manufacturing and launching advanced rockets and spacecraft. Elon Musk’s company is not only a pioneer in the aerospace industry—it also takes its trademark protection seriously. Recently, a party based in Hong Kong filed a figurative trademark ‘SPACEX BAR’ with the European Union Intellectual Property Office (EUIPO) for e-cigarettes and vapes. SpaceX filed an opposition.

Who doesn’t remember them? Around the year 2000, Skechers made a name for itself with playful, eye-catching shoe designs that stood out from the crowd. Recently, Skechers applied for a position trademark of the triangular shape near the heel of the sole. Will the triangle showing the cushioning structures be accepted as a trademark?

So, what happened in the Ferrero ice cream opposition? In September 2023, we published a blog about the opposition filed by a Polish company against Ferrero Rocher’s figurative trademark application for the shape of its ice cream popsicle based on its earlier trademark featuring a similar-looking ice cream. Does the application make it though?