Thursday, 18 July 2024
United States of America
Monster Energy fails to cancel golden PREDATOR mark for beverages
The TTAB has denied Monster Energy Company’s petition for cancellation of a golden PREDATOR mark and instead granted a summary judgment in connection with the claim the owner did not have a bona fide intent to use.
European Union
bet365 secures figurative mark in limited classes – excluding betting
The Fifth Board of Appeal held the figurative BET365 mark did not lack distinctiveness for specific goods and services in Classes 16, 35 and 42, after the mark was refused for, among other things, betting and gambling services in Class 41.
Wednesday, 17 July 2024
United States of America
ARCHITECT does not identify professional architect, TTAB reversal states
The TTAB has issued a precedential opinion, reversing a refusal to register KORN FERRY ARCHITECT on the ground that “ARCHITECT” was merely descriptive of the applicant’s HR services.
International
Complainant not on cloud nine as evidence of targeting lacking
A WIPO panel has refused to transfer the domain name ‘inera.cloud’ because the complainant failed to demonstrate that the respondent had registered and used the domain name in bad faith. The decision is a reminder that providing evidence of a respondent's targeting of a complainant is crucial to succeed in the UDRP proceedings.
Tuesday, 16 July 2024
European Union
General Court: evidence of distinctiveness not relevant in assessing absolute ground of refusal of 3D shape under Article 7(1)(e)
A recent judgment of the General Court provides guidance on how to interpret Article 7(1)(e) of the EU Trademark Regulation and the relevance of evidence claimed to demonstrate that the relevant public perceives a 3D shape as a trademark.
International
Battle of the basketball tournaments
A WIPO panel has denied the transfer of the domain name ‘hoopfestbasketball.com’, notably given the respondent's long-standing prior bona fide use of the mark. The case serves as a reminder of the critical importance of providing evidence that a respondent is targeting a brand owner in an attempt to profit from its reputation.
Monday, 15 July 2024
United States of America
HOLLYWOOD COFFEE CO likely to be confused with HOLLYWOOD CAFÉ
The TTAB decision to affirm the likelihood of confusion refusal of HOLLYWOOD COFFEE CO for retail services highlights the importance of following the rules for entering third-party registrations into the record and shows that “something more” is not required to show relatedness between two types of service.
International
When business relationships exceed the scope of the UDRP
A WIPO panel has denied a complaint in relation to the disputed domain name ‘puntoblum.com’ because the complainant failed to prove bad-faith registration and use on the part of the respondent. The decision is a reminder that the UDRP was designed to address specific issues relating to cybersquatting, and more complex business disputes generally fall outside of its scope.
Friday, 12 July 2024
Peru
THOR cancellation highlights limits of non-substantial variations of use
The Administrative Court of Appeals has cancelled a combined mark, highlighting the extent to which variations in use will continue to constitute use of the registered mark, and where variations become too substantial to maintain protection.
New Zealand
BASMATI bombs in New Zealand
The IP Office of New Zealand has upheld the decision to reject the Indian Government's application to register BASMATI as a certification mark.
Thursday, 11 July 2024
Myanmar
Opposition window closes on first applications published under new Myanmar Trademark Law
The Myanmar IPD has reached a significant milestone in the implementation of the new law, but trademark owners and practitioners now shoulder full responsibility for monitoring the office’s publications of applications for potential conflicts.
India
Delhi High Court permits refurbishment of end-of-life hard drives, but with disclaimers and manufacturer’s mark
The Delhi High Court has permitted a number of defendants to sell refurbished end-of-life hard disk drives provided that they comply with certain directions.
Wednesday, 10 July 2024
Brazil
Domain dispute data shows trademark owners successfully challenging registrations through SACI
Data on domain name disputes in Brazil suggest that rights holders may be more successful filing UDRP proceedings under the Administrative System for Internet Conflicts; however, evidencing bad faith can be difficult.
Spain
Supreme Court confirms commercialisation of products incorporating applied plastic creations without authorisation may constitute IP crime under Criminal Code
The Criminal Chamber of the Supreme Court has re-established the validity of a first-instance judgment that held the unauthorised commercialisation of registered artistic prints on third-party handbags constituted IP infringement under the Criminal Code.
Tuesday, 09 July 2024
Argentina
Argentina court grants high proportion of damages to Converse licencee
The National Chamber of Appeals has awarded a licensee, which was authorised to enforce Converse marks in its own name, damages worth 30% of the sales generated from the infringing goods.
Switzerland
Limited scope of protection for Burlington’s figurative sock mark
Illustrating the need for clear development of more abstract, simpler figurative marks, the Federal Supreme Court has essentially limited the scope of protection for a combination of basic geometric elements to cases of identity.
Monday, 08 July 2024
European Union
Thor’s hammer wins Volvo 3D headlights battle
In a dispute over the refusal to register a 3D Volvo mark, the ECJ has held that headlights have become distinguishing features of vehicle brands and models.
Peru
Honda secures trade dress ruling for protection of XR series motorcycles in Peru
The Peruvian Trademark Office has reaffirmed that elements such as the arrangement and presentation of registered trademarks are protected by rules that seek to punish acts of unfair competition.
Friday, 05 July 2024
United Kingdom
Crunching down on deadlines: Nestlé trademark revoked after late filing
A recent decision of the UKIPO registrar emphasises the importance of filing notice of defence and counterstatement forms within the specified deadline.
European Union
A toast to ‘Prosecco’: PRISECCO constitutes evocation of PDO
The EUIPO Fifth Board of Appeal has annulled the EU trademark PRISECCO based on the prior protected destination of origin ‘Prosecco’.
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