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Legal updates

European Union
General Court leaves no stone unturned
The General Court of the European Union has dismissed an appeal against a previous decision of the OHIM Second Board of Appeal and confirmed that the figurative mark AEROSTONE and the word mark STONE were similar, and that there was a likelihood of confusion between the marks.
Israel
Supreme Court affirms refusal of registration to stylised mark due to likelihood of confusion
The Supreme Court has refused leave to appeal a district court ruling which overturned a Israel Patent and Trademark Office decision to register the stylised mark SONICGEAR notwithstanding the opposition by Sony Corporation.
Australia
Federal Court weighs in on discretionary power to cancel trademark registration
In a recent case the Federal Court of Australia considered and dealt with submissions concerning the proper exercise of the court’s discretionary power to cancel the registration of a trademark under Section 88 of the Trademarks Act 1995 (Cth).

Blog

12 Feb 2016
Politics and trademark law collide as Congressional hearing focuses on Havana Club dispute
In our previous coverage of the dispute over the Havana Club brand, we noted that the resumption of legal proceedings would make the US Federal District Court the key battleground. However, following a combative US House of Representatives hearing on confiscated property in Cuba, it is clear that it remains a hot button issue in political circles.
11 Feb 2016
Carlsberg’s about-face in Myanmar shows that brand names must be chosen with care
Carlsberg’s local branding of Tuborg beer in Myanmar stirred up controversy last month, which ultimately sent the company back to the drawing board. While experts suggest that the critics threatening legal action against the brewer probably had no case, this transliteration mishap shows that – despite the lack of a trademark law – companies need to tread carefully when choosing a local brand name in Myanmar.
10 Feb 2016
Fake ‘Minecraft’ app puts spotlight on coding marketplaces that are “fuelling pirate community on app stores”
A new trend of sellers on online marketplaces offering customisable code for programmers to easily reskin popular phone apps is on the rise, and should be on the radars of all trademark counsel who enforce marks that are represented on app stores. The good news is that, as one industry expert notes, taking down one infringing customisable code could potentially stop hundreds of infringing apps from entering the app store environment.

Explore the current issue

Own name defence: a global perspective

In many countries people or even companies have a defence to trademark infringement when using their own names. In this article Baker & McKenzie’s global IP team outlines where an own name defence exists and whether this extends to company names
Baker & McKenzie’s global IP team reports

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February 12

Politics and trademark law collide as Congressional hearing focuses on Havana Club dispute. https://t.co/sYJKoq0LPp https://t.co/F00tMYUWkH

February 12

Carlsberg’s about-face in Myanmar shows that, even absent a trademark law, brand names must be chosen with care. https://t.co/i9HkJbi0OW #IP

February 12

Effective IP enforcement on code marketplaces "could stop hundreds of infringing apps from entering app stores". https://t.co/PLVHuo1y57 #IP

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