Superbabies Limited (“Superbabies”) creates comics called “The Super Babies,” featuring a team of superhero babies. On May 14, 2024, Superbabies filed a heavily animated petition (“Petition”) to cancel the marks SUPER HERO (U.S. Reg. No. 8,25,835) and SUPER HEROES (U.S.
brands
Confusion: More than just the sum of its parts
By NRF Digital Team on
In claims for trademark infringement and passing off, plaintiff success is determined by the ability to establish confusion. Section 6 of the Trade-marks Act (the Act) provides a non-exhaustive list of elements to be considered by the court, namely…
Consultation time: New Zealand, Europe and geographical indications
The EU wants New Zealand to recognize and protect a list of names for wine, spirits and other products currently protected in the EU as geographical indications.…
‘Apples, Beatles and four decades of litigation’ – Cautionary tales for start-ups settling on a new brand name
By Georgina Hey (AU) & Isobel Taylor (AU) on
Apple: the world’s most successful company, with an estimated worth of three-quarters of a trillion dollars. It’s no wonder that would-be tech entrepreneurs around the world are sitting around in black turtlenecks, jeans and New Balance sneakers, poring over Steve…