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Legal updates

European Union
Coty is major step for IP rights protection - but IP owners should not get 'over-excited'
In Coty Germany v Stadtsparkasse Magdeburg, the ECJ has held that national banking secrecy laws that allowed banks, in an unlimited and unconditional manner, to refuse to provide information which a rights owner required to protect its IP rights, were precluded by Article 8(3)(e) of the IP Rights Enforcement Directive. However, it is important to note that the decision does not rank IP rights above data protection and banking secrecy laws in general.
China
Trademark use within OEM context constitutes genuine use under Trademark Law
In cancellation proceedings against the trademark MIRRO, owned by French company SEB SA, the TRAB has recognised that trademark use within the context of OEM activities constitutes genuine use within the meaning of the Trademark Law. The TRAB thus overturned the Trademark Office's decision to cancel the mark based on non-use.
Canada
'The Donald' trumps condo buyers by avoiding trademark licensor liability
In Singh v Trump, Donald Trump has avoided liability for alleged misrepresentations of the attributes of purchased hotel units by a developer that was licensed by one of Trump’s corporate affiliates to use Trump’s name and marks for Toronto’s Trump Tower complex. The decision suggests that, to limit liability for acts or omissions of a licensee in Canada, a celebrity or other trademark owner should interpose an intermediate entity to enter a licence agreement with a licensee.

Blog

31 Jul 2015
We’re taking a summer break – and here are our most-read stories of 2015 so far
The WTR Premium Daily email will be taking a summer break over August, with the full blog and Premium Daily email service for subscribers recommencing on Tuesday September 1. In the meantime, we take a look back at the most-read articles and legal updates in the first seven months of 2015 on World Trademark Review.
30 Jul 2015
Casino trademark attacks on video game developers require class rethink, says industry lawyer
A growing number of large casino companies are threatening small video game developers with legal action over alleged trademark infringement, a New York lawyer has told World Trademark Review. Ryan Morrison, who runs a firm that specialises in representing independent games companies, claims this has been caused by a trademark classification system that is not keeping pace with the development of new technology.
29 Jul 2015
As counterfeit hawkers get younger and move to social media, Hong Kong Customs fights back with AI
People who sell fake goods online are no doubt aware that there is always a chance the interested shopper they are communicating with might be a law enforcement agent; but in Hong Kong, those potential customers might not even be humans at all. The Customs and Excise Department of the Special Administrative Region this week unveiled SocNet, a computer program that uses artificial intelligence to flag up suspicious vendors on social media sites - an anti-counterfeiting RoboCop of sorts.

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August 03

Hong Kong Customs fights back against counterfeit hawkers with 'anti-counterfeiting Robocop'. http://t.co/6LHGgEaMx1 http://t.co/BabCbxEwVN

August 03

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July 31

While most were rejected, it appears at least one ‘Je suis Charlie’ trademark application was successfully registered http://t.co/9gvaimpB0M

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October 29 2015 – New York, United States

The inaugural World Trademark Review conference will be Managing the Trademark Asset Lifecycle, which will take place at Convene Times Square, New York on October 29 2015. 

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