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Legal updates

European Union
OHIM held to have infringed the rights of the defence
In Lidl Sitftung & Co KG v OHIM, the General Court has annulled a decision of the Second Board of Appeal of OHIM, stating that the latter’s failure to communicate to applicant Lidl evidence of the renewal of the marks on which the opposition was based infringed the rights of the defence.
United Kingdom
Employer vicariously liable for passing off through domain name registrations
In Vertical Leisure Limited v Poleplus Limited, the Intellectual Property Enterprise Court has found an employer to be vicariously liable for passing off arising from its employee’s registration of a number of domains which infringed the IP rights of the claimant. It held that registering the domain names was the kind of act the employee was employed to do and, in doing so, he was furthering his employer’s interest rather than his own.
Australia
auDA seeks public comment on allowing domain name registrations directly under ‘.au’
The Names Policy Panel, established by the Australian domain name registry, has released a first Issues Paper considering and seeking public comment on the idea of allowing domain name registrations directly under ‘.au’. Among other things, the paper notes that the recent arrival of more than 500 new gTLDs, with more to follow, has created unprecedented competition for ‘.au’ domain names.

Blog

22 May 2015
Managing the Trademark Asset Lifecycle: announcing a unique new event
World Trademark Review (WTR) is pleased to announce that it will be hosting Managing the Trademark Asset Lifecycle, a unique one-day conference for senior trademark practitioners, at Commune, New York on October 29 2015.
21 May 2015
Cayman Islands prepare for a trademark revolution
The government of the Cayman Islands is drawing up a new Trademarks Bill that will introduce a local register and offer an increased ability to enforce marks. One lawyer in the region has told World Trademark Review that the new bill will finally bring the country’s IP system into the 21st century, and could halt the trend of international businesses ignoring the Caymans in their brand protection efforts.
19 May 2015
Apple v Samsung decision throws spotlight on design patent damages
The US Court of Appeals for the Federal Circuit vacating the jury’s damages awards against Samsung products that were found liable for trade dress dilution may be grabbing mainstream media headlines, but it is the affirmation of design patent damages that practitioners will find more significant.

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May 21

The new Trademarks Bill of the Cayman Islands will bring the country's IP system into the 21st century. http://t.co/irVUCQXEY5 #IP #law

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.@PETA calls on not-for-profits to follow their lead by taking advantage of IP. http://t.co/LePId6Yy8M #IP #parody http://t.co/OSEJIjSINA

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The latest Apple v Samsung decision throws spotlight on design patent damages. http://t.co/NaeGWH9ttz http://t.co/zL6tI1vQth

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