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Legal updates

European Union
Volvo fails to prevent registration of LOVOL for cars
In Volvo Trademark Holding AB v OHIM, the General Court has upheld two decisions of the First Board of Appeal of OHIM finding that the marks LOVOL and VOLVO were dissimilar and that, therefore, Article 8(5) of Regulation 207/2009 did not apply. Among other things, the court concluded that the mere fact that the signs contained the letters 'V', 'L' and 'O' and the letter combination 'vol' was not sufficient to cause the relevant public to make a connection between them.
Argentina
Supreme Court's Rodríguez v Google decision represents victory for search engines
In Rodríguez v Google Inc, the Supreme Court has ruled that search engines may be held liable for third-party content only if they fail to remove such content after having been requested to do so. Although the main issue in this case was the alleged infringement of the plaintiff’s rights to honour and image, the decision is a clear guide on how trademark owners should proceed when facing infringements online.
Poland
Supreme Administrative Court considers whether advertising material may demonstrate use
In proceedings for the cancellation of a figurative trademark due to non-use, the Supreme Administrative Court has upheld a decision of the District Administrative Court in which the latter had found that the evidence provided by the trademark holder in the form of advertising material could not be regarded as evidence of genuine use of the mark.

Blog

27 Nov 2014
IP attachés: providing value to those in the know
A report into the impact of the UK Intellectual Property Office’s IP attaché network paints a positive picture in terms of the political and commercial advantage offered to both corporates and policy-makers. However, too few companies are currently benefiting.
25 Nov 2014
gTLD registrations rise, trademark community engagement slows
With new gTLDs hitting the market on a regular basis, one would expect community engagement with the Trademark Clearinghouse (TMCH) to rise. However, the latest figures suggest otherwise.
24 Nov 2014
Politicising the poppy: Royal British Legion turns to trademark law
A British charity’s dispute with a far-right political party over the use of the red poppy image highlights both the difficulties facing cause-related not-for-profits when their message is politicised and how trademark law could come to the rescue.

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Using copyright to thwart trademark squatting in China

Brand owners targeted by trademark squatters, but with no previous history of conducting business in China can face an uphill struggle when proving prior rights in the country. Could copyright be the answer?
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Tweets

November 27

IP attachés report accentuates the positives but too few companies are currently benefiting. http://t.co/nzMeNrOO2Z #brazil #china #india

November 25

Community engagement with the Trademark Clearinghouse (TMCH) is expected to rise. New figures show a different story. http://t.co/xhKAizDlPJ

November 25

The Royal British Legion turns to trademark law to stop the poppy becoming an increasingly politicised symbol. http://t.co/Dm7gfdd2ld #law

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