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Legal updates

European Union
ECJ broadly interprets notion of 'licence' under Directive 92/83/EEC
In Directeur général des douanes et droits indirects v Brasserie Bouquet SA, the European Court of Justice (ECJ) has considered the interpretation of Article 4(2) of Directive 92/83/EEC on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages. The ECJ concluded that Brasserie Bouquet was not a ‘small independent brewery’ benefiting from the reduced rate of excise duty since it was authorised to exploit a trademark and a production process belonging to a third party.
United States
NOPALEA mark merely descriptive of product derived from nopal cactus
In In Re TriVita Inc, the US Court of Appeals for the Federal Circuit has affirmed a decision of the TTAB finding that the trademark NOPALEA was descriptive of TriVita’s products, which contain juice from the nopal cactus. Among other things, the court held that there was no factual showing of non-descriptive use by TriVita.
Netflix case sets precedent for new domain name arbitration procedure
A dispute over the domain name ‘’ has set a clear precedent for Indonesia's new domain name arbitration procedure. The arbitrator decided in favour of Netflix Inc, the US trademark owner, on the basis of its prior trademark registration, and ordered the domain name to be transferred to Netflix.


29 Jun 2015
SOPA rhetoric revived in debate over WHOIS privacy
Over the past week ICANN has been deluged with public comments focused on the use of privacy and proxy services, which allow a domain name registrants’ personal details to be hidden from public view. The submissions followed a call for internet users to speak out against proposals, which are being linked to the ill-fated Stop Online Piracy Act (SOPA).
26 Jun 2015
Red carpet mishap turns the spotlight on haute couture knockoffs in China
Committing an embarrassing faux pas in full view of the cameras’ glare at a major film festival is a nightmare scenario for any film star. Unfortunately that was the fate of Chinese actress Tiffany Tang, also known as Tang Yan, at the 18th Shanghai International Film Festival. Her case shows that even celebrities paying big bucks to fashion consultants are at risk of being fooled by China’s sophisticated knock-off industry.
24 Jun 2015
Intellectual Property Constituency urges ICANN not to rush into a second round of new gTLDs
The Intellectual Property Constituency has expressed concern that ICANN is rushing towards a second round of new gTLD applications, with the risk that first-round reviews will not be completed before a new application window has opened up. ICANN has moved to calm these fears, but the timings for a second round remain up in the air.

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Decisions in 2014 have contributed to the ongoing debate as to whether the exclusivity and validity conferred by a trademark registration is a myth or reality

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June 29

SOPA rhetoric revived in debate over WHOIS privacy - over 10,000 public comments sent to @ICANN so far. #ICANN53 #IP

June 29

Look back: Wimbledon’s ‘British’ approach to brand protection revealed. #Wimbledon2015

June 29

Red carpet mishap turns the spotlight on haute couture knockoffs in China.



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