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.
The US Second Circuit Court of Appeals has ruled that a state-owned Russian company can sue US distributors of Stolichnaya vodka for infringement of a federal trademark registration under Section 32(1) of the Lanham Act.
05 February 2016
In assessing likelihood of confusion, whether a conceptual similarity arises must be decided on a case-by-case basis. As a recent General Court decision confirms, the more general the words, the higher the risk of a likelihood of confusion.
01 February 2016
In <i>Perfetti van Melle Benelux BV v Office for Harmonisation in the Internal Market (OHIM)</i> (Case T-491/13, December 16 2015), the General Court dismissed the applicant’s action against registration of the intervener’s word mark TRIDENT PURE. According to the General Court, there was no likelihood of confusion.
25 January 2016
In his first media interview on the matter, given exclusively to <i>World Trademark Review</i>, Ian FitzSimons, general counsel of Pernod Ricard, has expanded on the news that Cubaexport has received a specific licence allowing it to renew the Havana Club trademark registration in the United States. While a positive development for the company, he tells us that the dispute with Bacardi over the brand name is basically back to where it was in 2006.
22 January 2016
In <i>Hikari Miso v OHMI - Nishimoto Trading</i> (T‑751/14) the General Court ruled that a low degree of similarity of the goods at issue did not preclude a likelihood of confusion.
21 January 2016
In the latest development of the long-running dispute over Nestlé's efforts to secure trademark registration for the 'four-finger' Kit Kat shape, the High Court of England and Wales has dismissed the company’s appeal against a UK Intellectual Property Office finding that the mark is devoid of inherent distinctive character and has not acquired such character through use.
20 January 2016
On December 2 2015 the European Court of Justice issued three decisions in Cases T-522/13, T-528/13 and T-414/13, which all concerned the conflict between trademark applications for KENZO ESTATE, filed by Kenzo Tsujimoto, and the KENZO Community trademark owned by the Kenzo Company.
20 January 2016
The Granada Court of Appeal has upheld a lower-court decision finding that the owner of the Café Jazz La Champagnería had infringed the ‘Champagne’ designation of origin (Appeal 307/2015, October 28 2015).
19 January 2016
A new study has concluded that plain packaging for food products may reduce an individual’s purchase intent, but could actually lead to increased consumption once a product is purchased or offered. These findings suggest that measures to reduce unhealthy food intake by introducing plain packaging could have “adverse effects”.
11 January 2016
In <I>Pearl Village Co Ltd v Department of Intellectual Property</I>, the Supreme Court has overturned a judgment of the IP & IT Court and held that the mark INDIGO PEARL was confusingly similar to the registered mark HOTEL INDIGO. Among other things, the Supreme Court held that the general rules applicable to the use and registration of common colour names such as red and black did not apply to the colour indigo.
05 January 2016
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