In our latest round-up, we look at Pinduoduo removing counterfeit sellers from its subsidy programme, Kiklis Law Firm launching in Alexandria, and more.
A key takeaway is that techniques such as visualisation and reframing are useful tools that can help parties look beyond their initial positions.
The judgment serves as a warning that trademark rights are significantly influenced by actual use in India.
A recent General Court decision confirms the broad powers granted defendants in Community trademark appeals under Article 8(3) of Regulation 216/96, rather than the more restrictive rules of Article 60 of the Community Trademark Regulation. It also confirms that weak mark elements should not be given much weight in opposition proceedings.
26 February 2016
In the recent <i>Constellation Brands Québec Inc v Sociedad Vinícola Miguel Torres SA</i> (2016 TMOB 4) decision, the Trademarks Opposition Board suggested that marks appearing on goods shipped into Canada cannot be said to be used until the goods have actually arrived in the country.
25 February 2016
The General Court has ruled that the shape of Coca-Cola’s ‘contour bottle without fluting’ is devoid of distinctive character and does not qualify for registration as a Community trademark. One industry expert told <i>World Trademark Review</i> that the decision highlights the particular challenges facing those seeking to protect containers and packaging as trademarks.
24 February 2016
In a judgment issued on February 2 2016, the General Court (Second Chamber) dismissed an appeal filed by Antica Azienda and upheld the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market confirming that Community Trademark 10599033, ILLIRIA, (figurative) could not be registered due to likelihood of confusion with earlier Community Trademark 8299653, CASTILLO DE LIRIA (word).
22 February 2016
In a recent decision under the Uniform Domain Name Dispute Resolution Policy before the World Intellectual Property Organisation, a panel denied the transfer of a domain name as a result of the respondent's <i>bona fide</i> offering of goods or services.
15 February 2016
In our previous coverage of the dispute over the Havana Club brand, we noted that the resumption of legal proceedings would make the US Federal District Court the key battleground. However, following a combative US House of Representatives hearing on confiscated property in Cuba, it is clear that it remains a hot-button issue in political circles.
12 February 2016
Carlsberg’s local branding of Tuborg beer in Myanmar stirred up controversy last month, which ultimately sent the company back to the drawing board. While experts suggest that the critics threatening legal action against the brewer probably had no case, this transliteration mishap shows that – despite the lack of a trademark law – companies need to tread carefully when choosing a local brand name in Myanmar.
11 February 2016
The Board of Appeal has overturned an Estonian Patent Office decision finding that the mark GRILLCUBE was descriptive and lacked distinctive character. The Board of Appeal found that for a refusal, the meaning of the mark should describe some essential characteristics of the goods.
11 February 2016
In <i>Nestlé v Cadbury</i> the High Court dismissed Nestlé’s appeal against the registrar of trademarks’ refusal to register the shape of a Kit Kat chocolate bar following an analysis of the European Court of Justice ruling on the applicable test for proving acquired distinctiveness.
10 February 2016
Famous Colombian football player Carlos <i>‘el Pibe’</i> Valderrama filed an opposition against the application to register the trademark TODO BIEN for “Soft drinks and energizing drinks” in Class 32.
08 February 2016
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