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Legal updates

European Union
Coty is major step for IP rights protection - but IP owners should not get 'over-excited'
In Coty Germany v Stadtsparkasse Magdeburg, the ECJ has held that national banking secrecy laws that allowed banks, in an unlimited and unconditional manner, to refuse to provide information which a rights owner required to protect its IP rights, were precluded by Article 8(3)(e) of the IP Rights Enforcement Directive. However, it is important to note that the decision does not rank IP rights above data protection and banking secrecy laws in general.
China
Trademark use within OEM context constitutes genuine use under Trademark Law
In cancellation proceedings against the trademark MIRRO, owned by French company SEB SA, the TRAB has recognised that trademark use within the context of OEM activities constitutes genuine use within the meaning of the Trademark Law. The TRAB thus overturned the Trademark Office's decision to cancel the mark based on non-use.
Canada
'The Donald' trumps condo buyers by avoiding trademark licensor liability
In Singh v Trump, Donald Trump has avoided liability for alleged misrepresentations of the attributes of purchased hotel units by a developer that was licensed by one of Trump’s corporate affiliates to use Trump’s name and marks for Toronto’s Trump Tower complex. The decision suggests that, to limit liability for acts or omissions of a licensee in Canada, a celebrity or other trademark owner should interpose an intermediate entity to enter a licence agreement with a licensee.

Blog

21 Aug 2015
Disney faces a dismal conundrum over new Banksy art project
A Banksy-led art show, titled Dismaland and taking satirical swipes at entertainment giant Disney, opened today in a British seaside town. A trademark application for DISMALAND has also been filed. The result presents Disney’s IP team with a conundrum – do they swing into action against potentially infringing use of their intellectual property or look the other way and avoid the negative coverage that often accompanies legal actions.
11 Aug 2015
Applicant and IP lawyer deny cynical intent for CECIL THE LION mark
It was no surprise last week when trademark applications were filed in the US related to Cecil, the lion killed by dentist and big-game hunter Walter Palmer in Zimbabwe. However, one of the applicants has told World Trademark Review that he is not cashing in on a tragedy, but that his intentions are good, and that he plans to stop third parties marketing products capitalising on the famous lion.
06 Aug 2015
Beano hopes that Pixar responds to its comic approach to guerrilla marketing
This week British comic The Beano has built on its “classically cheeky” reputation with a series of marketing stunts that ‘gently parodies’ new Pixar movie Inside Out. Unusually for a campaign that ambushes a third party’s marketing campaign, The Beano's editor-in-chief has told World Trademark Review he hopes the target reacts to it.

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