Industry: Advertising & marketing

Court of Appeals considers use of ‘eco’ in trademarks

The Court of Appeals, in contrast to the lower instances, found that a trademark including the element ‘Eco de los Andes’ was registrable for mineral water.

30 November 2023

Exhaustion and relabelling: Supreme Court rules that prominent use of MySoda brand on certain labels was infringing

The Supreme Court has issued a final decision in the longstanding battle over the refilling and relabelling of SodaStream carbon dioxide bottles.

28 November 2023

CJEU considers international jurisdiction over defendants from different member states

The ruling affirms the findings of Nintendo v BigBen regarding the conditions of application of Article 8(1) of Regulation 1215/2012.

06 November 2023

Google cannot claim safe harbour for its Ads Programme, confirms Delhi High Court

In a major blow to Google, the Delhi High Court has confirmed that the company is not entitled to the defence available to intermediaries under Section 79 of the IT Act insofar as the Ads Programme is concerned.

01 September 2023

Ninth Circuit defines personal jurisdiction in interactive website dispute

In Herbal Brands, the Court of Appeals held that if a defendant sells a physical product via an interactive website and causes that product to be delivered to the forum, the exercise of personal jurisdiction may be appropriate.

27 July 2023

Delhi High Court decision opens door for broader comparative advertising methods

In Reckitt Benckiser v Wipro, the Delhi High Court held that Wipro’s Santoor advertisement did not disparage Reckitt’s Dettol product, despite the former’s counsel admitting that it intentionally referenced Dettol in its commercial. The judgment reaffirms the broad limits of comparative advertisements in India.

27 July 2023

EUIPO refuses to register mark representing Charlie Chaplin character

The decision is noteworthy in that the EUIPO relied on the values associated with the Tramp character as being such as to render the mark non-distinctive.

09 March 2023

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