General

Why distinctiveness beats differentiation

Why distinctiveness beats differentiation

The conventional wisdom holds that differentiation is an essential part of marketing and product creation strategy. Differentiate or die. Being different means essentially that your brand is perceived to be meaningfully different from its competitors and is bought...

Messi turns EU’s top judges into giggling fanboys

Messi turns EU’s top judges into giggling fanboys

Messi turns EU's top judges into giggling fanboys Lionel Messi has just won an important case in the Court of Justice of the European Union. By accepting Messi’s appeal, the judges ignored well established legal principles, rolled out a red carpet and confirmed that...

Surge in “Covid” trademarks

Surge in “Covid” trademarks

While the coronavirus crisis has devastated economies around the world and led to a decline in overall economic activity, it has spurred a large number of trademark applications starting with the word “Covid”.  According to data from the EU trademark office’s “TmView”...

Booking.com trademark in the USA and the EU

Booking.com trademark in the USA and the EU

The recent decision of the US Supreme Court highlights the challenges of having a brand consisting of a generic name combined with a generic top-level domain. Generic names do not become distinctive trademarks merely by adding a top-level domain name such as .com to...

Slogans as trademarks

Slogans as trademarks

Slogans can be protected as trademarks. However, in practice it is often the case that a slogan does not meet the requirements for registrability. So what is a good and protectable slogan? Slogans can be extremely powerful communication tools. A good slogan is easy to...