Friday, 06 September 2024
European Union
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.
Singapore
Mediation success in Fun Toast v Fun Tea dispute
A key takeaway is that techniques such as visualisation and reframing are useful tools that can help parties look beyond their initial positions.
Thursday, 05 September 2024
India
Pune court allows local restaurant to use BURGER KING mark following 13-year dispute
The judgment serves as a warning that trademark rights are significantly influenced by actual use in India.
Ecuador
New technical regulations on injunction measures in the digital environment – what you need to know
The new rules aim to regulate the preparation and execution of preliminary injunctions requiring ISPs to block URLs based on IP addresses and network ports that may infringe IP rights.
Wednesday, 04 September 2024
China
New guidelines on livestreaming e-commerce in Beijing
The guidelines, issued on 8 August 2024, impose compliance obligations on both live streamers and platform operators.
International
UDRP: complainant must (On-)Ramp up the evidence
The case shows that, where complainants are unable to make contact with a registrant and establish a dialogue, the UDRP cannot be used to remedy the situation.
Tuesday, 03 September 2024
Japan
JPO: PENINSULA HILLS unlikely to cause confusion with The Peninsula hotel
Contrary to the examiner, the JPO Appeal Board questioned the high degree of recognition of the hotel The Peninsula.
Iceland
Recent case highlights uncertainty over protection of word-and-design marks registered before 2017
Both the ISIPO and the Board of Appeal referred to the CP3 guidelines –implemented in 2017 – to support their refusal after the appellant referred to prior registrations for similar marks.
Monday, 02 September 2024
United Kingdom
UKIPO opposition decision: Stihl got it!
The decision highlights the importance of filing evidence of reputation and to rely on all relevant grounds of opposition.
India
FIGHTER owner obtains ex parte injunction against FITTER
The decision underscores the significance of safeguarding established trademarks from potential infringement.
Friday, 30 August 2024
United States of America
Unlawful use doctrine may (or may not) be a defence to trademark infringement in the Eleventh Circuit
The Federal Circuit found that the district court had misread the Eleventh Circuit’s decision in FN Herstal.
Taiwan
Amended “Operational Points on Hearings for Trademark Dispute Cases” now effective
The amended guidelines provide a more thorough and robust hearing system that allows for timely remedies.
Thursday, 29 August 2024
India
Defendant’s argument of “affection” and “devotion” for his sister for adoption of ADIDAS leaves Indian IP world in splits
This case will arguably be remembered for its “hilarious” justification for the adoption of the ADIDAS mark.
Thailand
The wait is (almost) over for local certificates for IR designations
A technical glitch at the Trademark Office has now been resolved, which represents a significant milestone for brand owners waiting for their local certificates.
Wednesday, 28 August 2024
United Kingdom
Group Lotus loses trademark appeal against Motus Group
The decision highlights that a lack of conceptual similarity can counterbalance visual and aural similarities between the signs; meanwhile, mere lack of attention in a post-sale environment does not give rise to post-sale confusion.
China
Beijing IP Court provides clarification on applying parallel import defence
The Beijing IP Court has determined that a prior relationship between Beijing Sanfo and X-Bionic AG did not establish the relationship necessary to constitute a parallel import defence.
Tuesday, 27 August 2024
Denmark
GANNI wins preliminary injunction against Steve Madden in fashion shoe copyright dispute
The court found that Steve Madden’s GRAND AVE shoe was largely identical to GANNI’s Buckle Ballerina and constituted infringement under both the Copyright Act and the Marketing Practices Act.
Japan
Japan dismisses David Chandler’s opposition against CHANDLER and CHANDLER BATS
USPTO rejection of US applications is insufficient evidence to establish a high degree of popularity and reputation of CHANDLER, rules the Japan Patent Office.
Friday, 23 August 2024
European Union
EUIPO provides clarification on similarity assessment for trademarks covering virtual goods
The EUIPO Opposition Division has issued a ruling clarifying the different standard and higher evidentiary burden to be applied when assessing the likelihood of confusion between trademarks registered for real-world and virtual-world goods.
China
Settlement agreements are insufficient for non-use cancellation appeals in China
China’s Trademark Review and Adjudication Board reviews non-use cancellation appeals inconsistently, even with settlement agreements.
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