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European Union
ECJ draws a line around shape marks
In Hauck GmbH & Co KG v Stokke A/S, the ECJ has considered the interpretation of Article 3(1)(e) of the Trademarks Directive (89/104/EEC), which concerns the registration of shape marks. Overall, the decision seeks to draw a tighter line around shape marks and prevent the trademark system from being used to gain longer-term protection for creations and innovations that would usually be protected by time-limited rights.
United States
Trade dress must create visual impression on consumers to warrant protection
In Fair Wind Sailing Inc v Dempster, the US Court of Appeals for the Third Circuit has affirmed the dismissal of the plaintiff’s trade dress and unjust enrichment claims, finding, among other things, that the claimed trade dress was "a hodgepodge of unconnected pieces of its business, which together do not comprise any sort of composite visual effect". However, the court vacated the district court’s award of attorneys’ fees.
Portugal
Go Voyages fails to prevent use of 'go' mark
The Commerce Court of Lisbon has held that the mark GO ALENTEJO was not confusingly similar to Go Voyages SA's trademarks GO and GO VOYAGES, even though both marks covered the same services. The court concluded that the use of GO ALENTEJO was not liable to mislead consumers and, therefore, there was no unfair competition.

Blog

30 Sep 2014
Apple named ‘the most-phished brand’ as scam levels rise

Last night ICANN itself issued a warning about phishing scams using its branding and logo, and the organisation is not alone in this plight - the latest research from the Anti-Phishing Working Group (APWG) has revealed rising levels of phishing attacks across the first half of 2014, with Apple identified as the brand most frequently targeted by scammers. The APWG study found that there had...

30 Sep 2014
Plain packaging around the world: an infographic

The French government’s announcement that it is to introduce cigarette plain packaging as part of a law to be presented in “coming months” is the latest in a long line of countries across the globe announcing plain packaging measures to combat smoking rates. While trademark associations have not yet reacted to the latest announcement, they have previously warned that plain...

29 Sep 2014
One step forward, two steps back for EU trademark reform

Cecilia Wikström, member of the European Parliament and rapporteur of the EU trademark reform package, has pulled back the curtain on the frustrating world of European politics. While she speculates that the reforms could become a reality before Christmas, given the work ahead this looks ambitious and may be undesirable if it means that too many compromises are required. Speaking at...

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Tweets

September 30

Apple, PayPal and Taobao have been named ‘the most-phished brands’ as scam levels rise. http://t.co/okrue7Zgb2

September 30

An infographic looking at plain packaging regimes and plans across the globe. http://t.co/nAaDWcUStt #plainpackaging #infographics

September 29

At #marques2014: One step forward, two steps back for EU trademark reform. http://t.co/0k1UQcvBzO

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