Trademark Cases in the News Already!

Happy New Year everyone! It seems that the holiday/festive season doesn’t stop or even slow down the number of trademark disputes going on around the globe. We thought we would start the blog for the year with a snap shot of a few cases that are in the media at the moment:

Apple Inc, Nike and the Kardashian Sisters have all made news this year already for their involvement in trademark disputes. It’s not the first time we’ve written about Apple – and, probably won’t be the last.

Apple Inc’s Cases:

We’ve come across a few reports that Apple is in court in relation to trademark infringement matters.

Apple & Amazon have been ordered by a court to hold discussions and try and resolve a trademark dispute over the words “App Store”. Apple has recently filed for this name in the USA but has not yet obtained full registration. Amazon argues that the term has become generic. The matter will go back to court in August if the parties haven’t reached a settlement by then.

An online Russian News site reports that the National Russian Railway has filed suit against Apple for intellectual property infringement; for using their logo without permission. The railway seeks some US$65,000 in damages for the unauthorised use of its logo.

Nike’s Case

The Supreme Court in the USA has found in Nike’s favour in relation to a trademark matter. Nike had previously sued a smaller shoe company, who then filed a counter-claim that the particular mark in question was not valid. Communication between the parties reached an agreement where Nike agreed not to pursue or sue further. The Smaller company wished to continue its claims that the Nike mark was not valid, however, the court has now agreed that the smaller company cannot continue its action if Nike has agreed not to sue.


The Kardashian Sisters Case

Cosmetic company Boldface Licensing + Brandingin the USA have released a make-up line by the brand KHROMA, which is endorsed and promoted by the Kardashian sisters as “”Khroma Beauty by Kourtney, Kim and Khloé”. However, there is a trademark registered already to another person, in relation to cosmetics, under the name KROMA in the USA. Clearly the two names are deceptively similar. The trademark owner is reportedly seeking $10million in damages.


If you have seen a case in the news that you think’s interesting or would like to discuss further, please leave your comments below!



Jacqui Pryor

Jacqui is a registered trade marks attorney with the Trans-Tasman IP Attorneys Board and is the founder and owner of Mark My Words Trademark Services Pty Ltd.

After being introduced to the world of trade marks in one of her first jobs after high school, Jacqui discovered she had a deep passion and interest for all things to do with protecting brands and intellectual property. She completed a Graduate Certificate in Trade Mark Law and Practices as well as a Diploma in Business Management and then set up her own business in 2011.

Her motivation for starting Mark My Words was to support SMEs which typically couldn’t afford such a service and while the company has grown in both size and reputation over the years, she has remained true to her founding principles of providing professional, friendly, reliable and affordable trade mark services to all.

Mark My Words now has a client list that spans businesses of all sizes across a range of industries. It provides advice and assistance on all types of complex trade mark registrations, infringements and opposition matters both in Australia as well as overseas.

Jacqui’s wealth of experience, broad range of professional qualifications and her ongoing participation in industry forums and networking platforms keeps her at the forefront of developments in the global trade mark arena. Her expertise in her field has also led to several nominations as a top individual trademark attorney by the World Trademark Review - the world’s leading trademark intelligence platform.

To keep up to date with the latest in the field of trade marks, follow Jacqui and MMW Trademark Services on Facebook.

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