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CIRA panel orders transfer based on expanded bad-faith factors

Canada - In Glen Raven Inc v Kotarac, a CIRA panel has ordered the transfer of the domain name 'sunbrella.ca' to Glen Raven Inc, the owner of the SUNBRELLA mark. The complaint was decided based on the new version of the CIRA Domain Name Dispute Resolution Policy (version 1.3) that made it more consistent with the UDRP, notably expanding the bad-faith criteria factors. Full text

ECJ confirms deadline to substantiate status before OHIM’s boards of appeal

European Union - In OHIM v Nike International Ltd, the ECJ has confirmed the time limits for an appellant before OHIM’s boards of appeal to remedy any deficiencies in the appeal pursuant to Rule 49 of the Community Trademark Implementation Regulation. The ECJ set aside a decision of the General Court finding that the Board of Appeal of OHIM had erred in rejecting Nike’s appeal as inadmissible. Full text

Rounded fuchsia cross does not imitate Red Cross emblem

Spain - The Barcelona Court of Appeal has dismissed a civil complaint filed by the Spanish Red Cross against Happy Pills SL, a confectionery distributor, for infringement of its rights in the Red Cross emblem. Among other things, the court found that the defendant’s rounded fuchsia cross did not constitute an imitation of the Red Cross. Full text

Latest blogs

Online protest spreads to Europe as countries sign up to ACTA (updated)

International - Last week, the power of online protest was demonstrated when PROTECT IP and SOPA seemingly stalled in the US legislature following the high-profile closure of websites which objected to the planned acts. Online action has now reached Europe, with the Polish government under attack over its intention to sign ACTA. Despite the protests, the signing went ahead today as planned. Read blog
Trevor Little | January 26 2012

Louboutin and YSL see red as battle over colour mark resumes

United States - Legal and fashion eyes turned to New York yesterday as oral arguments were heard in the high-profile dispute between Louboutin and Yves Saint Laurent. The outcome could have a significant impact on trademarks for source-identifying colours. Read blog
Trevor Little | January 25 2012

Obama’s State of the Union address makes tackling counterfeits a priority

United States - President Obama placed the fight against counterfeit goods firmly on the political agenda last night, using his State of the Union address in Washington DC to outline plans for a trade enforcement unit. Read blog
Helen Sloan | January 25 2012