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Legal updates

European Union
Revocation proceedings do not constitute proper reason for non-use
In Naazneen Investments Ltd v OHIM, the General Court has upheld a decision of the Second Board of Appeal of OHIM confirming that the mark SMART WATER should be revoked for non-use. Among other things, the court held that revocation proceedings brought against the mark by a third party in 2008 did not constitute a proper reason for non-use of the mark.
India
Bombay High Court: restaurant in "narrow lane" has international renown
In Kamath v Lime & Chilli Hospitality Services, the Bombay High Court has granted an interim injunction restraining Lime & Chilli Hospitality Services from using the mark CAFÉ MADRAS for its restaurant. Although the court described the plaintiffs’ Café Madras restaurant as an "unassuming eatery" in a "narrow lane" of Mumbai, it went on to hold that it was internationally renowned.
New Zealand
Supreme Court declines leave to appeal in ZOGGS case
In Zoggs International Limited v Sexwax Incorporated, the Supreme Court has declined leave to appeal a decision of the Court of Appeal, meaning the end of the road for Zoggs International Limited in its bid to register the mark ZOGGS for clothing. The application had been opposed by Sexwax Incorporated, the owner of the MR ZOGS SEX WAX mark, which was not registered in New Zealand.

Blog

26 Mar 2015
Japanese company turns counterfeit headache into market entry strategy
There is a wide range of common reactions when a company makes the all-too-common discovery that counterfeit versions of its products are being produced and sold in China. Some opt for aggressive enforcement actions, while others conclude that policing this market is not worth the money and effort. One Japanese furniture maker, though, saw an investment opportunity.
25 Mar 2015
EweTube? YewTube? Study uncovers extent of sound-based cybersquatting
Recent research has revealed the extent of a newly discovered type of domain name abuse. Dubbed ‘soundsquatting’, it is based on homophone confusion of popular domains and the authors of the study have urged trademark counsel to take note due to the high proportion of malicious domains uncovered.
25 Mar 2015
US Supreme Court decision means that TTAB proceedings just got more important
The US Supreme Court has handed down its decision in B&B Hardware v Hargis Industries, addressing the level of deference that should be afforded to findings made by the TTAB on likelihood of confusion. Commentators argue that its reversal of an Eighth Circuit decision means that trademark counsel need to think even more strategically about TTAB proceedings.

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Looking ahead – the possible effects of 3D printing on the fashion industry

The fashion industry experienced a sudden jolt when 3D printed pieces first appeared on the runway. This article addresses the likely impact of 3D printing technology on the fashion industry and considers what counsel can do now to prepare
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