Thursday, 01 August 2024
European Union
Third-party lions free to roam: General Court reverses decision on monopoly over trademarks depicting same animal species
The General Court has maintained that in complex trademarks, the main figurative element cannot per se provide monopoly over an entire animal species, regardless of its application to the packaging.
Kenya
The peanuts trademark war – why it is important to correctly link a defendant to the infringement
In a recent court battle involving two peanut traders, the High Court of Kenya has clarified the level of evidence required for a litigant to succeed in trademark infringement proceedings.
Wednesday, 31 July 2024
Australia
Federal Court FANATICS decision provides unexpected view of retail services
A first-instance Federal Court decision has created uncertainty as to what constitutes trademark ‘use’ for the purposes of online retail, and whether use of a mark for online retail services amounts to use in relation to the goods being sold.
United States of America
Nike will need to “cool” off after a recent Third Circuit ruling
The US Court of Appeals for the Third Circuit has held Nike liable for trademark infringement over the use of Lontex’s COOL COMPRESSION trademark in its apparel line descriptions. Under plenary review and abuse of discretion, the Third Circuit reviewed the lower court’s decision on whether a jury could find infringement.
Tuesday, 30 July 2024
Brazil
Brazilian Superior Court issues ruling on marketplace liability with impact on IP violations
The Superior Court of Justice has confirmed the position that marketplaces and other online content providers cannot be held accountable for violations of terms of use by companies and individuals, including in cases of IP rights violations.
European Union
A bubbly win for Moët & Chandon as it successfully cancels confusingly similar MOETCH mark
The case is a reminder of how important it is to ensure that the correct opponent is listed in a Notice of Opposition and matches the actual name of the registered trademark owner.
Monday, 29 July 2024
Peru
Cracking down on counterfeits: LEGO conducts major raid in Trujillo City
LEGO has sent a strong message to infringers by conducting a significant enforcement effort against two commercial establishments operating under the business name LE60 in Trujillo City, Peru.
United States of America
TTAB upholds refusal of BRONKO mark
The decision underscores the importance of clear and precise identification of goods in trademark applications, and serves as a reminder to applicants to thoroughly address all grounds for refusal during the prosecution process.
Friday, 26 July 2024
Japan
Japan rejects Google opposition against FITBEING
The Japan Patent Office rejected Google’s opposition against FITBEING due to a lack of similarity and likelihood of confusion with FITBIT.
Australia
Australia awards A$250,000 in additional damages to Vitaco Health
Despite prior reluctance to award significant sums for additional damages, the Federal Court of Australia has awarded A$250,000 to deter infringement.
Thursday, 25 July 2024
China
What applicants need to know about partial design examination in China
The examination practice for partial design applications in China differs significantly from that in other jurisdictions. Applicants seeking to protect partial design applications in China while claiming foreign priority are advised to study the discrepancies in examination practice to better navigate the terrain.
India
AP Møller Mærsk obtains ex parte injunction against Maersk Pharma in India
Delhi High Court holds that Maersk Pharma's trademark has a high likelihood of confusion, and infringes on Maersk’s established goodwill and worldwide recognition.
Wednesday, 24 July 2024
Japan
Guerlain unsuccessfully opposes MITSOUKO mark in Japan
The Japan Patent Office found no likelihood of confusion or malicious intent by the applicant.
Turkey
Turkish Court of Cassation issues landmark ruling on “cancellation” of WIPO panel decisions
The Turkish Court of Cassation has clarified for the first time that it is not possible to request “cancellation” of a WIPO panel’s UDRP decision.
Tuesday, 23 July 2024
Singapore
Singapore rejects Bytedance TIKI opposition but recognises TIKTOK as well known
This decision provides clarification on the concept of a trademark being “well known to the public at large”.
European Union
RUBETTES EU mark registered in bad faith by fellow musician
The EUIPO Cancellation Division has upheld a declaration of invalidity filed by Alan Williams, former vocalist for the pop group The Rubettes, against an EU word mark application for RUBETTES on the grounds of bad faith.
Monday, 22 July 2024
United States of America
TTAB affirms SMARTLOCK cancellation in first appeal arising from expungement proceeding
In the TTAB’s first decision in an appeal arising from an expungement proceeding, the board affirmed the USPTO director’s decision to cancel registrations for the mark SMARTLOCK for “components for air conditioning and cooling systems, namely, evaporative air coolers”.
Turkey
Court of Cassation expands on similarity assessment for short, number marks
The court’s determination that there is a likelihood of confusion between N11 and OTEL 11 reflects a broader approach to assessing the similarity of short trademarks made up of numbers
Friday, 19 July 2024
Vietnam
Vietnam halves IP fees, extends time limits and delivers decisions via email
IP Vietnam recently implemented new initiatives to support IP applicants by slashing fees and accepting correspondences after deadlines have passed.
India
Acts of forgery and fabrication for claiming false prior use are punishable, Delhi High Court holds
The Delhi High Court has imposed $6,000 in costs on a company for acts of forgery and fabrication that claimed false prior use.
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