Sector: Food and Beverage

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Trademarks and geographic place names

The Federal Court of Appeal has confirmed that if a mark contains the name of a geographic location from where the goods or services emanate, then the mark is clearly descriptive of the place of origin and is not registrable.

29 March 2016

"Things are different in China", alleged trademark squatter claims after court win

In January, wine seller Castel Freres SAS lost the latest battle in a decade-long dispute with a Chinese company over the KA SI TE (卡斯特) trademark in China. However, the Supreme People’s Court decision to significantly reduce the damages meant some observers saw it as a win for Castel. In subsequent comments made to <i>World Trademark Review</i>, a representative for Panati emphasised the court’s affirmation that it is the rightful owner of the KA SI TE name.

24 March 2016

Not so sweet decision on GUMMI BEAR-RINGS application

Cadbury Netherlands International Holdings BV has successfully opposed an application to register the GUMMI BEAR-RINGS mark, based on an earlier Spanish registration for the mark GUMMY covering identical goods.

23 March 2016

EU General Court rejects three-dimensional trademark application for Coca-Cola bottle

The EU General Court has rejected an appeal by Coca-Cola against the refusal of a three-dimensional Community trademark application for the Coca-Cola bottle.

16 March 2016

Bacardi ramps up HAVANA CLUB battle, in court and through the media

In January we noted that the resumption of legal proceedings would make the US federal district court the key battleground for control of the Havana Club brand in the US. This week Bacardi filed an amended complaint, asking for the removal of the HAVANA CLUB mark from the register.

15 March 2016

MANUKA DOCTOR and MANUKA PHARM trademarks – health claim, therapeutic claim or marketing puffery?

A recent case provides an interesting look at the foods standards regulations and how they apply to trademarks in the context of claiming health benefits of certain foods.

14 March 2016

IP High Court rejects non-use cancellation action for EUROPEAN mark

The IP High Court has upheld the Japan Patent Office trial decision that rejected the non-use cancellation action sought against the registration for the trademark EUROPEAN (in Japanese katakana) with respect to the designated goods "coffee and cocoa, coffee beans" in Class 30.

07 March 2016

HAVANA CLUB dispute reignites

01 March 2016

Nestlé vows to battle on after latest Kit Kat blow in the High Court

01 March 2016

‘Chaitime’ is not descriptive, holds Bombay High Court

The Bombay High Court has granted an injunction restraining Girnar Food and Beverages Pvt Ltd from using MY CHAI MY TIME in a suit for infringement filed by Sapat International Pvt Ltd (SIPL) on the basis of its registration for CHAITIME.

29 February 2016

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