Legal updates

India
Toyota loses appeal against PRIUS trademark registration
In Toyota Jidosha Kabushiki Kaisha v Prius Auto Industries Ltd, the Supreme Court of India has dismissed Toyota’s appeal against the order of the Division Bench of the Delhi High Court permitting the use of the PRIUS mark by Prius Auto. The Supreme Court held that Toyota had not provided adequate evidence to show that it had acquired substantial goodwill in India when Prius Auto adopted the mark.
China
Victoria's Secret fails to prove bad faith in Beijing High Court
The Beijing High Court has upheld the rejection of Victoria’s Secret’s opposition against an individual’s registration of the mark 维多利亚的秘VICTORIA’S SECRET in Class 42. It held that the evidence submitted by Victoria’s Secret was insufficient to prove that the opposed mark was filed in bad faith.
European Union
Application for the word mark SCATTER SLOTS refused
The EU General Court has upheld decisions by the EU Intellectual Property Office and the Board of Appeal to reject the application for the word mark SCATTER SLOTS on the basis that it is descriptive, as it could be perceived by consumers as referring to services with slot machines.

Blog

19 Jan 2018
News Controversy over #MeToo application, Myanmar IP overhaul, and California cannabis marks: news round-up
In our latest news round-up we look at California accepting state-wide trademarks for cannabis-related goods and services, Myanmar moving a step closer to a IP overhaul, and a controversial trademark application seemingly linked to the #MeToo movement. Coverage this time from Trevor Little (TL), Tim Lince (TJL), and Adam Houldsworth (AH).
18 Jan 2018
News Chinese government questions “objectivity and credibility” of USTR’s Notorious Markets List
A week-long spat between Alibaba and the Office of the US Trade Representative has turned into a full-blown diplomatic issue after the Chinese government publicly questioned the credibility of the Notorious Markets List. China’s Ministry of Commerce has also claimed that the report lacks “solid evidence” to include the nine Chinese marketplaces accused of engaging in rampant IP infringement – a move that appears to call into question the accounts of brand owners tackling fake goods in China.
18 Jan 2018
Analysis More empathy needed in trademark enforcement, says café owner who labelled Coca-Cola a “corporate bully”
A New Zealand café owner who hit the headlines after branding Coca-Cola a “corporate bully” has said that she felt “backed into a corner” when she received a threatening cease-and-desist letter late last year. Speaking to World Trademark Review about the potential lessons from her dispute with the multinational corporation, Claire Rientjes suggested that trademark owners show more empathy and take a cooperative approach when enforcing their rights against small businesses.

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The fame game: how reputation can protect unregistered marks in China

Recent decisions have highlighted the evolving approach to protection for unregistered trademarks in China. However, when seeking to prove reputation there are a number of factors to consider
Jiehua Lu reports

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