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.
A 3D perfume bottle in the shape of a female torso was found to be capable of fulfilling the essential functions of a trademark.
After a dispute spanning 23 years, the Delhi High Court has ruled in favour of Lacoste and permanently restrained sports fashion brand Crocodile International from using its standalone crocodile logo in India. The decision sheds light on territoriality of trademark rights when it comes to international coexistence agreements.
WTR’s Fashion and Apparel Team of the Year is in a strong position to contribute towards continued brand growth at Fanatics.
A self-proclaimed ‘aggressive’ enforcer of trademark rights and frequent filer of IP infringement litigation action has told <i>World Trademark Review</i> that he primarily initiates disputes with major brands because cease-and-desist letters sent by small business owners are often "ignored or not taken seriously". Furthermore, he revealed he may consider legal remedies against parties – including the media – that refer to him as a ‘trademark troll’.
26 July 2016
The Supreme Court recently issued the latest decision in the ongoing saga between renowned Italian stylist Elio Fiorucci, who passed away last year, and the eponymous company which he founded.
26 July 2016
German footwear maker Birkenstock has decided to quit the Amazon marketplace in protest at what it perceives to be a lax approach to counterfeiting on the part of the online retailer.
21 July 2016
Last week, the European Court of Justice confirmed that operators of physical marketplaces could be held liable for the sale of counterfeit and other illicit goods by market traders. While deemed a significant win for IP owners, the decision also demonstrates the effectiveness of joint-party legal actions – with experts telling <i>World Trademark Review</i> that they strongly encourage more precedent-setting collaborations.
13 July 2016
US sports shoes maker New Balance has expressed disappointment with a Chinese court’s decision over ownership of the BAI LUN and XIN BAI LUN (新百伦) marks, with New Balance ordered to pay Rmb5 million in damages. While a blow, the company has told <i>World Trademark Review</i> that it will invite consumers to help it create a new Chinese trademark as part of its branding strategy.
06 July 2016
The Court of Appeal of England and Wales has dismissed an appeal against the landmark ruling in <i>Cartier International AG v British Sky Broadcasting Limited</i>, which ordered five internet service providers to block access to sites selling counterfeit goods. One industry commentator suggested that the decision paves the way for trademark owners to tackle sites selling counterfeits in a way that is both cost efficient and adaptable to the evasion tactics utilised by infringers.
06 July 2016
Barely a week after IP experts told <i>World Trademark Review</i> that they want a clearer indication of the anti-counterfeiting measures that Alibaba insists it is developing, the e-commerce giant has unveiled a new IP Joint-Force System that claims to “streamline” the takedown of infringing listings – with a spokesperson telling us that the launch is proof of the proactive efforts the company is taking in collaboration with brand owners.
05 July 2016
Deckers Outdoor Corporation has recently commenced legal proceedings against Australian Leather in the Illinois Northern District Court for alleged infringements of its UGG trademarks, which has reignited the debate in Australia regarding how it is possible for a US company to prevent Australians from calling their classic Aussie winter boots ‘Uggs’.
05 July 2016
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