2024 was a pivotal year for global trademark law, with several high-stakes cases shaping how intellectual property is managed and enforced worldwide. These disputes often involved multinational corporations, staggering costs, and outcomes that set far-reaching precedents. Below, we delve into the most significant global trademark cases of 2024 and highlight upcoming cases in 2025 that are already capturing attention.
1. The European Union introduced its AI Act.
This Act regulates the use of AI based on a risk based approach to certain types of AI systems and platforms. A 3 year staggered introduction was commenced on 1 August 2024. This applies to both businesses operating within the EU and to businesses that offer AI systems for use in the EU, as well as applying where outputs of AI systems are used within the EU.
2. Motorola Mobility LLC & Lenovo
In this case Lenovo’s appeal was rejected and the Court of Appeal upheld an earlier decision not to order a preliminary injunction Lenovo had sought in relation to its SEPs. The Lenovo decision makes clear that parties must formulate the relief they are seeking within the existing English law framework – the courts will not make an exception simply on the basis that the case involves FRAND issues.
3. Tesla vs. Rivian
Tesla sued rival electric vehicle manufacturer Rivian over the alleged misappropriation of trade secrets and trademark infringement, claiming that Rivian had lured away employees who shared confidential information. The case settled out of court, with Rivian agreeing to stricter measures to prevent employee-related breaches of intellectual property. While the settlement amount remains undisclosed, legal costs for both companies are estimated to have exceeded $50 million (£39 million). The case reinforced the need for robust internal controls to protect trade secrets and trademarks in highly competitive industries.
What’s Ahead in 2025
The coming year is already shaping up to be another eventful one for global trademark law. Here are some notable cases to watch:
- The legal framework for AI:
- Getty Images v. Stability AI: Getty Images accuses Stability AI of copyright infringement for allegedly using its images without permission to train AI models. The case is expected to address the boundaries of fair use in AI training data.
- The New York Times v. OpenAI: The New York Times has filed a lawsuit against OpenAI, alleging unauthorised use of its content to train AI models, raising questions about copyright infringement in the AI industry.
- Authors Guild v. OpenAI: The Authors Guild has initiated legal action against OpenAI, claiming that its AI models were trained on copyrighted books without permission, challenging the fair use doctrine in the context of AI.
- Dewberry Group Inc. v. Dewberry Engineers Inc.: The Supreme Court is set to decide whether corporate affiliates of a trademark defendant can be held liable for infringement damages, potentially redefining the scope of liability in trademark disputes.
- ParkerVision v. TCL Industries: ParkerVision has petitioned the Supreme Court to review issues related to patent infringement and the standards for proving such claims, which could influence future patent litigation strategies.
Key Takeaways for Businesses
The cases of 2024 and those on the horizon in 2025 provide essential lessons for businesses worldwide:
1. Stay Vigilant with Trademark Applications
Ensuring that trademarks are distinctive and unlikely to infringe on others is crucial in today’s competitive markets. Businesses should conduct comprehensive searches before filing trademark applications to identify potential conflicts. Leveraging legal expertise during this process can prevent disputes that could result in costly litigation or loss of brand credibility. Furthermore, businesses should regularly audit their trademark portfolios to identify redundant or outdated registrations.
2. Adapt to Digital Transformations
The digital landscape is becoming a crucial frontier for trademark enforcement. Virtual goods, NFTs, and digital assets are increasingly significant, and businesses must adapt by extending their trademark protections into these areas. This may involve registering trademarks for virtual products or services and monitoring online marketplaces for potential infringements. Companies should also explore collaborations with tech and legal experts to navigate the complexities of protecting intellectual property in the metaverse.
3. Protect Your Trade Secrets
As seen in the Tesla vs. Rivian case, robust measures are essential to prevent leaks or theft of intellectual property. Businesses should implement strong internal controls, such as non-disclosure agreements (NDAs), employee training, and advanced cybersecurity systems, to safeguard trade secrets. Regular audits of intellectual property protections can also help identify vulnerabilities before they become liabilities. Proactive steps to protect proprietary information not only mitigate risks but also reinforce a company’s reputation as a trusted innovator.
4. Monitor Competitors’ Filings
Proactive opposition to competitors’ trademark applications, as exemplified by PepsiCo’s victory over Coca-Cola, can prevent costly disputes later. Businesses should establish dedicated teams or work with external legal counsel to monitor trademark filings within their industry. Early identification of potentially conflicting trademarks allows for timely challenges, preserving market share and brand identity. This approach is particularly vital in industries where new products and brands are launched frequently.
5. Embrace a Strategic and Proactive Approach
Trademark protection is not just about defending existing rights; it’s also about anticipating future challenges. By learning from past cases and staying informed about emerging trends, businesses can refine their intellectual property strategies to address new risks and opportunities. Regularly engaging with legal professionals and industry experts ensures that companies remain compliant with evolving laws and prepared for potential disputes.
6. Invest in Global Trademark Protection
For businesses operating across borders, it’s vital to secure trademark protection in all relevant jurisdictions. The nuances of trademark law vary by country, and ensuring compliance with local regulations can prevent international disputes. This includes filing trademarks with regional bodies like the European Union Intellectual Property Office (EUIPO) or the World Intellectual Property Organization (WIPO) and staying updated on global legislative changes.
By integrating these practices into their operations, businesses can strengthen their intellectual property protections, reduce litigation risks, and maintain a competitive edge in an increasingly complex global marketplace.
How National Business Register Can Help
We’re here to support you. At National Business Register, we offer tailored advice to help you. Our comprehensive trade mark search services ensure your name’s uniqueness, while our Business Name Protection service safeguards your business name against passing off and unauthorised use. Get in touch with us today for further help with protecting your brand. discuss how we can help with your trade mark searches. Call us on 0800 069 9090 or email Info@nbrg.co.uk.
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