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Enforcement & litigation

Work Area: Enforcement & litigation

Refusal to register perfume bottle shape overturned on appeal

A 3D perfume bottle in the shape of a female torso was found to be capable of fulfilling the essential functions of a trademark.

AI is the solution to its own disruption: exclusive interview with MarqVision CEO

The brand protection platform's CEO insists traditional monitoring methods “simply are not sustainable” as AI provides the solution to advanced counterfeiting online.

Pune court allows local restaurant to use BURGER KING mark following 13-year dispute

The judgment serves as a warning that trademark rights are significantly influenced by actual use in India.

Latest content

Pop goes the tax: PepsiCo in fizzy battle over bottling royalties in Australia

The Federal Court of Australia has ruled that Schweppes’ payments under an exclusive bottling agreement with PepsiCo did not include a component for the use of intellectual property or qualify as “royalties”.

13 August 2024

Philippines introduces new rules that could make administrative IP cases a more appealing route

New rules implementing the IP Office of the Philippines' authorisation of online means of filing, service and payment aim to make administrative proceedings more consistent and efficient.

12 August 2024

Cobra Golf registers MIM after JPO Appeal Board finds museum logo's figurative element dissimilar

The Japan Patent Office Appeal Board has found dissimilarity between Cobra Golf’s MIM mark and the MIZKAN MUSEUM composite mark.

12 August 2024

Louis Vuitton sues flea market; Mercedes-Benz seizure update; Bytedance launches OpenAI rival – news digest

In our latest round-up, we look at the COGNAC case being sent back to the USPTO, the Real Deal campaign re-launching in the United Kingdom, and more.

09 August 2024

Staying in lane: the risks around Olympic-themed brand messaging

Brands can capitalise on the games, but should be wary of extra protections enjoyed by the Olympic committees.

08 August 2024

EUIPO maintains 3D wine bottle registrations in unusual decision on distinctive character

The EUIPO Cancellation Division has issued an interesting ruling that suggests verbal elements may be the determining factor in assessing the distinctiveness and consequent registrability of an otherwise standard and common shape for certain goods.

08 August 2024

INPI launches new anti-counterfeiting tool; ARIPO launches journalism award; new DZIS director – IP office updates

In our latest update, we look at the SPTO introducing a new trademark withdrawal form, the USPTO director being recognised in Forbes for innovation, and more.

07 August 2024

Can you modify a registered trademark in Brazil?

Patrícia Aragão Lusoli, partner and head of the trademark department at Luiz Leonardos & Advogados, explains how brand owners can modernise their trademarks without losing the original essential character necessary to maintain existing registrations.

07 August 2024

OpenAI case dismissed; Portugal counterfeits seizure; Manchester United launches NFT game – news digest

In our latest round-up, we look at the European AI Office seeking views on its AI Code of Practice, a trademark attorney’s Kamala Harris domain squatting hopes, and more.

06 August 2024

Protecting foreign trademarks: legal strategies against wrongful trademark registrations in Nigeria

Two recent judicial decisions indicate the disposition of Nigerian courts to protect the rights of foreign trademark owners against local businesses looking to exploit the territoriality principle.

06 August 2024

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