Legal updates

Indonesia
Lawyers' dispute highlights that copyrights cannot override trademark rights
In the dispute between the Indonesia Lawyers Association and the Indonesia Lawyers Union, which both used the same logo and the name PERADIN, the Supreme Court has upheld a lower court decision finding that the union had infringed the association's PERADIN mark. Indonesian infringers often register and cite copyrights to justify the use of similar marks; however, this case clearly shows that copyrights cannot override trademark rights.
European Union
ECJ rules on repackaging of parallel-imported medicinal products
In Ferring Lægemidler A/S v Orifarm A/S, a reference for a preliminary ruling from the Danish Maritime and Commercial Court, the ECJ has ruled again on the conditions a parallel importer must meet in order to show that it is 'necessary' to repackage medicinal products for sale in the country of import.
Australia
Federal Court finds that SIGNATURE marks for wine are not deceptively similar
In Samuel Smith & Son Pty Ltd v Pernod Ricard Winemakers Pty Ltd, Samuel Smith has failed in its attempt to stop Pernod Ricard from selling wine bearing the BAROSSA SIGNATURE mark on the basis that it infringed its THE SIGNATURE trademark registration. The case highlights that individual descriptive words can function as a trademark when combined together, and that a sub-brand, when used in conjunction with a house mark, can still function as a separate trademark.

Blog

24 Feb 2017
Professor slams ‘pro plain packaging for alcohol’ media reports, calls for more research into warning labels
A new study which looks at the effectiveness of warning labels on alcoholic products has slammed media reports claiming that it is advocating for plain packaging. Talking to World Trademark Review, Matthew Field, a professor of psychology at the University of Liverpool, claims the study has been ‘misrepresented’ by the media and voiced doubt that plain packaging would ever be implemented on alcoholic or sugary products.
23 Feb 2017
The search is on for the trademark luminaries who deserve a place in the IP Hall of Fame
It’s that time of year when our sister title IAM invites the global IP community to make its nominations for the IP Hall of Fame’s annual intake. The latest members, selected from your nominees, will be formally inducted at IPBC Global 2017 in Ottawa, Canada, this June.
21 Feb 2017
Leading e-sports players must take trademark protection seriously or risk losing ownership of their gamertags
The e-sports industry is growing at a rapid pace and its most successful professional teams are starting to form effective brand protection strategies. However, two IP lawyers in the space warn that many individual players are ignoring the risks posed by the failure to protect their gamertags.

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OEM and trademark use in China: how to reap the benefits while avoiding the pitfalls

Following amendments to the trademark regime in 2014, brand owners have a number of options they can take to protect themselves if they discover bad-faith registrations of their marks
Elliot Papageorgiou reports

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