Legal updates

Indonesia
Lawyers' dispute highlights that copyrights cannot override trademark rights
In the dispute between the Indonesia Lawyers Association and the Indonesia Lawyers Union, which both used the same logo and the name PERADIN, the Supreme Court has upheld a lower court decision finding that the union had infringed the association's PERADIN mark. Indonesian infringers often register and cite copyrights in defence to justify the use of similar marks; however, this case clearly shows that copyrights cannot override trademark rights.
European Union
ECJ rules on repackaging of parallel-imported medicinal products
In Ferring Lægemidler A/S v Orifarm A/S, a reference for a preliminary ruling from the Danish Maritime and Commercial Court, the ECJ has ruled again on the conditions a parallel importer must meet in order to show that it is 'necessary' to repackage medicinal products for sale in the country of import.
Australia
Federal Court finds that SIGNATURE marks for wine are not deceptively similar
In Samuel Smith & Son Pty Ltd v Pernod Ricard Winemakers Pty Ltd, Samuel Smith has failed in its attempt to stop Pernod Ricard from selling wine bearing the BAROSSA SIGNATURE mark on the basis that it infringed its THE SIGNATURE trademark registration. The case highlights that individual descriptive words can function as a trademark when combined together, and that a sub-brand, when used in conjunction with a house mark, can still function as a separate trademark.

Blog

23 Feb 2017
The search is on for the trademark luminaries who deserve a place in the IP Hall of Fame
It’s that time of year when our sister title IAM invites the global IP community to make its nominations for the IP Hall of Fame’s annual intake. The latest members, selected from your nominees, will be formally inducted at IPBC Global 2017 in Ottawa, Canada, this June.
21 Feb 2017
Leading e-sports players must take trademark protection seriously or risk losing ownership of their gamertags
The e-sports industry is growing at a rapid pace and its most successful professional teams are starting to form effective brand protection strategies. However, two IP lawyers in the space warn that many individual players are ignoring the risks posed by not protecting their gamertags.
21 Feb 2017
Dispute between USPTO and controversial trademark filer ends
The founder of The Trademark Company, one of the most prolific trademark filers at the USPTO, has agreed to resign from practising before the office. The development ends a fractious relationship between the USPTO and one of its biggest customers.

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