Legal updates

United States
Fourth Circuit upholds hair-raising decision on likelihood of confusion
The Fourth Circuit has upheld a decision that there was no likelihood of confusion between two competing haircare products displaying 450 on their labels. The court focused its analysis on the strength of the plaintiff’s mark, similarities between the marks, intent and evidence of confusion.
Israel
Israel Patent Office – 2016 Annual Report
The recently published 2016 Annual Report by the Israeli Patent Office (ILPO) summarises its activities and contributions to the IP environment in Israel. An interesting part of the report is dedicated to actions which aim to improve ILPO efficiency. Such actions include, among others, the transition to online services and investment in human resources.
Chile
Avoiding confusion held to be of most importance
The Chilean Supreme Court recently stated that when deciding trademark cases, the courts must endeavour to avoid any possibility of confusion. This seminal decision confirms that the classification of goods and services and the legislative dispositions are always subordinate to this principle.

Blog

26 Jun 2017
Numerous ‘offensive’ trademark applications filed following Tam ruling; applicants reveal commercial hopes and exploitation fears
It is a week ago today that the Supreme Court handed down its long-awaited ruling in Matal v Tam, holding that the disparagement clause of the Lanham Act violates the US Constitution. On the day of the ruling, there were at least 11 trademark applications filed that could be deemed disparaging or offensive. We reached out to the applicants of these filings to find out why they have chosen now to make their applications, and how they expect last Monday’s decision to affect them.
23 Jun 2017
Boots becomes latest company to terminate new gTLD but other ‘.brands’ go full steam ahead
Pharmacy chain Boots has become the latest company to signal an intention to terminate a registry agreement, this time for the ‘.boots’ top-level domain (TLD). While a negative development for the new generic TLD programme, it should not be viewed as an indicator that ‘.brands’ are losing their lustre – on the contrary, the rollout of branded spaces shows no sign of slowing.
22 Jun 2017
Most used counterfeit trade routes revealed as pressure on enforcement authorities continues to rise
New research has revealed that counterfeiters are using Hong Kong, the United Arab Emirates and Singapore as their main global trading hubs, importing containers of fake goods which are then sent by post or courier in smaller consignments. While providing useful intelligence for rights holders and enforcement officials, the report also highlights a worrying conundrum facing Customs authorities.

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A new chapter for protection of well-known marks in Indonesia

Indonesia’s Trademark and Geographical Indications Law 2016 ushers in long-awaited improvements for rights holders. However, remaining vulnerabilities could perpetuate bad-faith registrations and trademark squatting
Aga Nugraha reports

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