Stitch Editing Limited (“Stitch”) have faced a blow in its claim of trade mark infringement against social media platform TikTok. Stitch is the proprietor of a registered trade mark at the United States Patent and Trademark Office for the mark “STITCH EDITING” and claim the rights in the unregistered mark “STITCH” under common law. Stitch issued proceedings against TikTok back in 2021 in a California Federal Court for alleged trade mark infringement and unfair competition. In the US, proprietors are given a presumption of validity and ownership of a registered mark whereas for unregistered marks, the proprietor must prove validity and ownership of the mark. In the trial that lasted seven days, a jury ruled that TikTok did not infringe the registered mark and that Stitch did not have rights in the unregistered mark therefore there was nothing to be enforced. Stitch were seeking $116 million (approximately £96,331.040) in damages from TikTok. If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com. in: EU/International, Legal News, News, Passing Off, Trade Marks
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