Thursday, 06 June 2024
European Union
EUIPO Board of Appeal rules that Canada Goose mark is distinctive
The decision confirms that the quality of being “decorative” does not presuppose a lack of distinctiveness.
Turkey
Advertisement Board: use of competitors' trademarks as keywords leads to unfair competition
The board imposed a suspension on advertisements in which a company's trade name or trademark is used as a keyword by competitors, on the ground that such advertisements are misleading to consumers.
Wednesday, 05 June 2024
India
Blow for Vans Inc as Delhi High Court holds that prior use trumps well-known marks
The recognition of a mark as well known does not give an automatic right to its owner to apply for rectification of other marks that have subsisted on the register for several years.
International
Competing interests: the UDRP is not a general domain name court
While there may be some conceptual overlap, trademark infringement and the abusive registration of domain names under the UDRP are not always the same thing.
Tuesday, 04 June 2024
European Union
EUIPO: ‘I love’ sign on t-shirt not registrable as position mark
The decision confirms that simple advertising messages or promotional references on the front of t-shirts are typically not registrable.
Japan
Tennis king Roger Federer defeated off the court
Tenro AG, a Swiss company established by former tennis champion Roger Federer, has failed in its opposition against the mark ROGER KING for golf equipment.
Monday, 03 June 2024
European Union
Good news for Skechers on appeal as EUIPO allows mark consisting of stick figure behind general prohibition sign
The Board of Appeal found that the mark, filed by US footwear company Skechers, did not depict the goods for which protection was sought.
India
Madras High Court: pharmaceutical marks require lesser degree of confusion
The burden of proving trademark infringement is lighter in cases involving medicinal drugs - especially Schedule-H drugs, which can be sold only by medical prescription.
Friday, 31 May 2024
United Kingdom
Supreme Court clarifies ‘knowledge’ requisite to establish accessory liability
The decision makes it easier for directors to escape personal liability from trademark infringement committed through companies by arguing a lack of knowledge.
Canada
Protecting the shape of products: lessons from two recent cases
Two recent decisions show that copyright is not the most effective means to protect the shape of mass-produced products sold in Canada.
Thursday, 30 May 2024
European Union
General Court confirms refusal of invalidity application under Article 59(1)(b), despite existence of earlier identical mark
The knowledge of the existence of a prior mark is only one of the factors to be taken into consideration and is not sufficient, on its own, to establish that there was bad faith.
India
Good news for Pfizer as Delhi High Court restrains use of VIGOURA
The court found that the defendants’ use of the mark VIGOURA in relation to homeopathic medicine amounted to infringement and passing off of Pfizer’s registered mark VIAGRA.
Wednesday, 29 May 2024
Japan
ZARA owner unsuccessful in opposition against LAZARA
INDITEX, one of the world’s largest fashion retailers and owner of the brand ZARA, has failed to prevent the registration of the mark LAZARA for clothing.
European Union
General Court interprets several general principles of EU law in opposition proceedings
The applicant’s right to be heard had not been infringed since, in particular, he had been able to make his views known before the Board of Appeal before the adoption of its decision.
Tuesday, 28 May 2024
European Union
EUIPO refuses position mark for footwear
The decision, which involved a mark consisting of a band with a knot, ribbons and metal pendants, applied to the upper part of a shoe, provides guiding principles on the registrability of position marks.
India
High Court upholds sanctity of trademark assignment agreement
In this dispute over use of the ENERZY mark for an energy powder, the court had to interpret an agreement entered into by the parties in relation to the transfer of various trademarks upon payment of the agreed consideration.
Friday, 24 May 2024
Uruguay
The Gillette Company LLC’s iconic razor registered as a 3D mark
The Gillette Company LLC has obtained the registration of its ‘Prestobarba’ razor as a 3D trademark in Class 8, despite an appeal filed by a third party following the DNPI’s initial favourable decision.
Vietnam
New decree on sanctions for administrative violations in industrial property field - what you need to know
Decree 46/2024/ND-CP seeks to clarify certain ambiguities and address practical challenges faced by IP rights holders and enforcement authorities in the past.
Thursday, 23 May 2024
European Union
Blow for Puma as General Court finds that complete shoe could be taken into account despite dotted lines in earlier designs
The court notably dismissed Puma’s argument that the comparison between the earlier designs and the contested designs should be made based on the soles of the shoes.
India
The perils of protecting a surname such as Jindal
Section 35 of the Trademarks Act prohibited the plaintiff from interfering with the defendants’ use of their own mark, provided that such use was in good faith.
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