Legal updates

European Union
General Court issues FAIR & LOVELY decision in Unilever's favour
In Unilever v EUIPO, the General Court has annulled a decision of the Fourth Board of Appeal of the EUIPO in which the latter had upheld Technopharma’s opposition against the registration of Unilever’s FAIR & LOVELY mark. The decision highlights the complexities which can result from the overlapping and potentially competing trademark rights in EU member states and supranational EU trademark rights.
Switzerland
Supreme Court: no protection for Christian Louboutin's red sole mark
The Supreme Court has confirmed the decision of the Federal Administrative Court denying protection to Christian Louboutin’s red sole mark for ladies’ footwear in Class 25. Among other things, the Supreme Court found that a red sole, without any verbal elements, would not be recognised as a trademark but, rather, would be perceived as a decorative element.
India
Delhi District Court: no confusion between IKEA and AIKYA GLOBAL
Furniture giant Ikea has suffered a setback in its legal battle against Aikya Global, which provides professional consultancy services and event, media and communication services. Ikea alleged that the adoption and use of the AIKYA mark amounted to unfair competition, trademark infringement and passing off. However, the Delhi District Court ruled in favour of Aikya Global, finding that the parties’ marks and services were not similar.

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24 Mar 2017
New study reveals young EU citizens buying more counterfeits, becoming less convinced fakes are damaging
A new study into the way EU citizens perceive IP rights has revealed a widespread and growing respect for IP across Europe. However, the figures in relation to young people (aged between 15 and 24) make for less positive reading, highlighting a worrying increase in the intentional purchasing of counterfeit goods and a growing acceptability of fakes.
23 Mar 2017
15 years at the top: China’s trademark office received a record-breaking 3.7 million applications last year
The State Administration of Industry and Commerce (SAIC) – the regulatory body that encompasses China’s national trademark office – announced some headline figures for 2016 yesterday. China continues to lead the world in trademark filings and year-to-year growth shows no sign of slowing down.
21 Mar 2017
Exclusive survey reveals IACC member sentiment: broadly positive but concerns linger over transparency
An exclusive survey, conducted in the past fortnight by World Trademark Review, has revealed that members of the International Anticounterfeiting Coalition have a mostly positive opinion about the organisation and its trajectory. But while its programmes were rated highly by survey respondents – especially in regards to training and lobbying efforts – concern was expressed around the organisation’s leadership and a perceived lack of transparency.

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15 years at the top: China’s trademark office received a record-breaking 3.7 million applications last year… https://t.co/89NQVlvGWj

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New study reveals young EU citizens buying more counterfeits, becoming less convinced fakes are damaging.… https://t.co/5qWASpxuC9

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