Thursday, 22 August 2024
United Kingdom
UK High Court rules BUILDER lacks distinctiveness in connection with software-related goods and services
The decision illustrates that when registering trademarks, especially in connection with new technologies, the question of distinctiveness should be thoroughly examined to include future industry developments.
Philippines
Philippines issues implementing regulations of Internet Transactions Act to regulate e-commerce and protect IP rights
Effective July 2025, the new Internet Transactions Act prescribes a takedown enforcement mechanism and imposes subsidiary liability on e-marketplaces and digital platforms.
Wednesday, 21 August 2024
European Union
SANYTOL, SANITIX, SANITIEN are confusingly similar, General Court rules
This positive ruling for hygiene brands is a reminder that applicants must be cautious in adopting parts of registered marks, particularly if the identical part is at the beginning, as only differing the end-syllable is not a guarantee of preventing infringement.
United States of America
Ninth Circuit rejects false advertising claim regarding Dove Dark Chocolate
This case serves as a reminder to plaintiffs that file false advertising claims that they are required to identify a connection between an allegedly misleading claim and the manner in which consumers will be deceived.
Tuesday, 20 August 2024
Romania
Lookalike trademarks under scrutiny of Romanian IP Office
An ongoing dispute offers insight into the relevant practices of the SOIT Opposition Division in confirming that overall similarity can be found even in cases in which the central verbal elements are not identical.
Japan
JPO rejects Apple opposition against quarter-cut apple mark
The Japan Patent Office has found a low degree of similarity between Apple’s logo and a device mark representing a quarter-cut apple.
Monday, 19 August 2024
Hong Kong
Hong Kong seeks to enhance Copyright Ordinance to meet AI challenges
The Hong Kong government has released a consultation paper to address legislative adaptations to the Copyright Ordinance in response to AI advancements.
Colombia
Andean Court of Justice issues interpretation on public non-commercial use of a well-known mark as a basis for infringement
The court has stipulated four conditions that must be met in order for the owner of a well-known trademark to prohibit the public non-commercial use of its brand. Meanwhile, examples of fair use include use in the exercise of a judicial action, freedom of expression and the right to peaceful protest.
Friday, 16 August 2024
India
adidas wins $1,200 in exemplary costs in trademark infringement case
The Delhi Commercial Court has awarded adidas AG a permanent injunction and exemplary damages of $1,200 against a local trademark infringer.
Thursday, 15 August 2024
China
CNIPA cracks down on assessing anonymised non-use cancellations for bad faith
Due to concerns that some actors may abuse the non-use cancellation process to harass legitimate registered trademark owners, the CNIPA is now considering the intentions of frequent filers of non-use cancellation actions.
Wednesday, 14 August 2024
Switzerland
Meta: no likelihood of confusion between two thumbs up
The Swiss Federal Administrative Court has affirmed there is no likelihood of confusion between Meta Platform’s LIKE device mark and a third-party thumbs up.
Tuesday, 13 August 2024
Australia
Pop goes the tax: PepsiCo in fizzy battle over bottling royalties in Australia
The Federal Court of Australia has ruled that Schweppes’ payments under an exclusive bottling agreement with PepsiCo did not include a component for the use of intellectual property or qualify as “royalties”.
Monday, 12 August 2024
Japan
Cobra Golf registers MIM after JPO Appeal Board finds museum logo's figurative element dissimilar
The Japan Patent Office Appeal Board has found dissimilarity between Cobra Golf’s MIM mark and the MIZKAN MUSEUM composite mark.
Friday, 09 August 2024
United Kingdom
Morley's v Metro's – success tastes better for the fast-food franchise
The IPEC has highlighted some of the potential pitfalls of drafting settlement agreements, particularly in relation to franchisees.
Thursday, 08 August 2024
European Union
EUIPO maintains 3D wine bottle registrations in unusual decision on distinctive character
The EUIPO Cancellation Division has issued an interesting ruling that suggests verbal elements may be the determining factor in assessing the distinctiveness and consequent registrability of an otherwise standard and common shape for certain goods.
Wednesday, 07 August 2024
United States of America
TTAB favours Airbnb in opposition against competitor TREEBNB mark
The board’s decision reaffirms the value that a well-known and well-enforced mark has the potential to provide in an opposition context where coupled with robust evidentiary support.
Tuesday, 06 August 2024
Nigeria
Protecting foreign trademarks: legal strategies against wrongful trademark registrations in Nigeria
Two recent judicial decisions indicate the disposition of Nigerian courts to protect the rights of foreign trademark owners against local businesses looking to exploit the territoriality principle.
Monday, 05 August 2024
European Union
Orange is the new black – cancellation decisions confirm distinction between colours and names of colours
The EUIPO Cancellation Division has partially upheld cancellation applications against ORANGE marks in respect of certain goods, confirming the distinction between applications seeking protection for a colour and those seeking protection for the name of a colour.
Friday, 02 August 2024
United Kingdom
IPEC rules in favour of AGA finding legitimate reason preventing application of exhaustion of rights defence
The Intellectual Property Enterprise Court has provided useful guidance on the exceptions to the exhaustion of rights defence, in a dispute over the sale of “retrofitted” AGA cookers.
Uganda
Uganda introduces new anti-counterfeiting legislation
The Anti-counterfeit Goods Bill establishes an implementing body with powers to enter premises and seize counterfeit goods. However, questions remain around definitions, processes and the independent powers of law enforcement.
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