Legal updates

China
Imposing greater pressure on IP infringers through multiple legal actions
After initiating a criminal action against an individual trademark counterfeiter, the plaintiff in a recent case filed a follow-up civil lawsuit against the counterfeiter and his company on the grounds of trademark counterfeiting and trade dress infringement. Through this civil lawsuit, the plaintiff stopped the trade dress infringement and put greater pressure on the counterfeiter.
Australia
Australian courts protect HARBOUR LIGHTS trademark
On appeal to the full court of the Federal Court, Accor Australia and New Zealand Hospitality Pty Limited has succeeded in protecting the name of a residential apartment complex as a trademark. That mark has been protected in relation to services dealing with the sale, leasing and letting of those apartments and holiday accommodation services.
India
Mere similarity not enough to succeed in passing-off action
In Torrent Pharmaceuticals Ltd v Wockhardt Ltd, the Bombay High Court dismissed Torrent’s application for an interlocutory injunction against Wockhardt and held that mere similarity is not enough to succeed in a passing-off action at an interlocutory stage. This decision highlights that other aspects can become a factor in a core passing-off claim and simply demonstrating high sales may not prove goodwill and reputation.

Blog

22 May 2017
Brand stewards, fake news, transport woes and a Brexit badge for Brits: INTA 2017 day two report
Often the busiest day for attendees, the Monday of the INTA Annual Meeting usually features a full schedule of meetings, sessions, table topics and receptions reaching a crescendo that often goes into the early hours of Tuesday. Trying to keep up with the rapid pace of activities, the World Trademark Review editorial team of Trevor Little, Joff Wild and Tim Lince report on the action.
21 May 2017
Daily drama, fakes on the beach, keynote controversy and a canny crocodile: INTA 2017 day one report
The beautiful city of Barcelona is currently packed to the rafters with trademark experts attending INTA’s 2017 Annual Meeting. As ever, the World Trademark Review team is on the ground; reporters Trevor Little, Joff Wild and Tim Lince present some of their highlights and observations from the first full day of the event.
20 May 2017
Tencent, LG Electronics and Time Warner revealed as owners of the fastest-growing trademark portfolios
New research has revealed the top corporate trademark filers for 2016, with Chinese giant Tencent Holdings leading the way. The company is one of six Chinese powerhouses to make the top 50 list, trailing only US and German businesses with respect to global filing activity.

Explore the current issue

URS: fit for purpose or time to upgrade?

In the nearly four years since its debut, the Uniform Rapid Suspension System has not experienced high take-up or indeed praise. As ICANN reviews current rights protection mechanisms, the time for analysing and suggesting improvements to the URS is now
Brian J Winterfeldt and Emily Murray report

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