Thursday, 04 July 2024
Slovenia
Slovenian court adopts a fresh approach in TESLA revocation proceedings
In what appears to be a first for Slovenia, the Ljubljana Circuit Court has replaced four categories listed in international TESLA registrations with smaller subcategories, without explicit request from either party.
Malaysia
Goods in transit: does it amount to infringement?
In a ruling that will have significant implications for trademark owners and would-be infringers, the Intellectual Property High Court of Kuala Lumpur has broadened the concept of “use in the course of trade” to include goods in transit.
Wednesday, 03 July 2024
Ecuador
SENADI protects widely recognised unregistered trademarks
The marks SAVOY and TORONTO, which are registered in Nestlé’s name in several other countries, were found to be widely recognised in Ecuador.
United Kingdom
High Court deals blow to easyGroup in EASYCOSMETIC dispute
The decision highlights that the broader protection afforded by a ‘family of marks’ will be mitigated by factors such as the geographic extent of the marks’ reputation.
Tuesday, 02 July 2024
European Union
EUIPO Board of Appeal confirms that Kurt Geiger’s eagle head mark is not distinctive
The decision is interesting in that the Board of Appeal took judicial notice of many “well-known facts” concerning the jewellery sector.
United Kingdom
Virgin Aviation v Alaska Airlines: branding dispute takes flight
The Court of Appeal has confirmed that Alaska Airlines must pay Virgin at least a ‘minimum royalty’ under a trademark licence, regardless of whether Alaska Airlines makes use of Virgin’s marks.
Monday, 01 July 2024
European Union
Blow for Google as General Court confirms likelihood of confusion between GPAY and EPAY
The court dismissed Google’s argument that the initial letter ‘G’ in its GPAY mark played a significant distinctive – and potentially dominant – role in that mark.
Norway
I’m Blue (Da Ba Dee): Oslo District Court recognises colour mark protection for chocolate
It is arguably the first time that a brand owner has successfully established and enforced a colour mark at this level.
Friday, 28 June 2024
China
Dust settles on five-year Nestlé dispute over A2 mark
This dispute between Nestlé and A2 Milk serves as a valuable example of how the Chinese courts will assess distinctiveness.
European Union
Battle between Nike and Puma over FOOTWARE: General Court issues its decision
The court has confirmed that FOOTWARE refers to the ‘intended purpose’ of the relevant goods and services, which is a characteristic expressly listed in Article 7(1)(c).
Thursday, 27 June 2024
Vietnam
Specialised IP Court proposed under draft law on court organisation
If enacted, the proposal promises to offer specialised and consistent adjudication of IP cases, ultimately benefitting stakeholders.
European Union
Blow for Société du Tour de France in TOUR DE X opposition
In a “particularly severe” decision, the General Court confirmed that there was no likelihood of confusion between TOUR DE X and the earlier TOUR DE FRANCE marks.
Wednesday, 26 June 2024
European Union
General Court: Board of Appeal erred in assessing distinctiveness of ULTRA for beer
In this dispute between competing breweries Anheuser-Busch and Amstel, the court found that ‘ultra’ was a generic, laudatory term which was incapable of differentiating the commercial origin of the goods.
Nigeria
Nigeria moves towards finalising its IP framework: key developments and future prospects
This update delves into the focus of Nigeria's draft IP policy and discusses anticipated developments.
Tuesday, 25 June 2024
European Union
Morality v freedom of expression: the COVIDIOT decision
This decision of the EUIPO’s Grand Board may be seen as a ‘high-water mark’ in applying the Article 7 absolute grounds for refusal.
Taiwan
IP Court provides guidance on trademark use in non-use cancellation actions
The decision sets forth some criteria to determine whether goods or services should be considered the same or equivalent.
Monday, 24 June 2024
European Union
EUIPO considers genuine use of 3D bottle shape mark
When assessing the evidence of genuine use, individual pieces of evidence should not be analysed in isolation, but together, in order to identify their most likely and coherent significance.
Switzerland
BUREK KING found to be confusingly similar to BURGER KING
The decision reiterates that the conceptual difference between two marks will generally not outweigh the visual and aural similarities between them.
Friday, 21 June 2024
European Union
General Court provides primer on scope of review and genuine use
An accumulation of items of evidence may allow the necessary facts to be established, even though each of those items, taken individually, would be insufficient to prove genuine use.
Singapore
IPOS decides on registrability of abbreviations of scientific terms
Even though the applicants were the first to extract and exploit IP-PA1, it did not necessarily follow that they should obtain trademark protection over the term.
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