Sector: Consumer Goods

A recent decision of the Northern District of Ohio, <i>Haas Door Company v Haas Garage Door Company</i>, 13-CV-2507, concerns the right of two parties to use the same distinctive house mark in connection with separate, but closely related, goods and services.

27 April 2016

A major new study released today has revealed that counterfeit and pirated goods represented up to 2.5% of world trade in 2013 – a figure that Antonio Campinos, president of the EU Intellectual Property Office, noted “is equivalent to combined GDP of the Czech Republic and Ireland”. Reflecting on this, BASCAP director Jeff Hardy has called on policymakers to do more to fight the scourge of counterfeiting.

18 April 2016

The Supreme Court has upheld the decision of the Court of Appeal that the Community registered design for the shape of the Trunki ride-on suitcase was not infringed by a similar product called the ‘Kiddee Case’. While the judgment confirms that the scope of a registered design can be construed narrowly, it remains a valuable and effective IP right for designers

18 April 2016

US Customs and Border Protection and US Immigration and Customs Enforcement’s Homeland Security Investigations has revealed that the total number of seized IP infringing products increased by nearly 25% in fiscal year 2015, with the value of detained goods breaking through the $1 billion barrier.

18 April 2016

The Indonesian Supreme Court hit the headlines back in February for upholding a decision to strip Swedish retailer Ikea of several trademarks after it fell foul of non-use rules. While the event will likely have exacerbated brand owners’ apprehensions about doing business in the country, the introduction of new regulations addressing the recording of licence agreements could boost their confidence in the trademark system

12 April 2016

As part of <i>World Trademark Review</i>’s fact-finding trip to the Dominican Republic last week, we spoke with a number of representatives from the country’s premium cigar industry. The key message they communicated was that legislators misunderstand how cigars are consumed, and that plain packaging is significantly more damaging to premium cigar brands than cigarette brands due to the industry’s reliance on IP as part of the consumer experience.

24 March 2016

Havells has challenged the Advertising Standards Council of India’s decision to restrict it from using its tagline and trademark WIRES THAT DON’T CATCH FIRE in its advertising.

23 March 2016

Procter & Gamble recently filed suit against UK discount store chain Poundstretcher, alleging that the retailer has infringed its trademarks by selling counterfeit P&G-branded products. The case provides useful insights into what can happen when counterfeits make their way into the supply chain.

22 March 2016

The government of the Dominican Republic invited a small group of journalists to the country last week in an attempt to highlight what it feels are the as-yet ignored negative effects of plain packaging legislation. While officials expressed confidence that the World Trade Organisation will rule against Australia’s plain packaging regime, the government has clearly decided that public opinion matters as much as legal.

21 March 2016

Last week we reported in some detail on the Supreme Court decision in a dispute between Magmatic, creator of the Trunki ride-on suitcase, and PMS International Group, which produces Kiddee case luggage. While initially described as a blow to the UK design industry, a number of leading commentators have responded to the negativity, arguing that the decision provides a very useful real-life example of how far registered design rights extend.

14 March 2016