NPE 2015
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Legal updates

United Kingdom
Tesco loses appeal to register CLUBCARD marks
The appointed person has rejected an appeal by Tesco Stores Limited to register the word mark CLUBCARD and the CLUBCARD device. Among other things, the appointed person found that the CLUBCARD marks would not enable an average consumer to distinguish the loyalty scheme of Tesco from that of another trader. The case highlights the difficulties that can be faced in trying to register a non-distinctive term that is widely used in a generic sense.
Switzerland
'Renewal snatching' found to constitute unfair competition
A WIPO expert's decision under the SWITCH dispute resolution policy (for ‘.ch’ and ‘.li’ domain names) is the first case under Swiss law that deals with ‘renewal snatching’ - that is, the practice of registering lapsed domain names. Although the expert found that there was no clear infringement of the claimant's trademark rights, he held that the snatching of the domain name constituted unfair competition and ordered its transfer.
Albania
Amendment introduces bad-faith registration as ground for invalidity
In the latest amendment to the Law on Industrial Property, the legislature has dealt more extensively with the concept of ‘bad faith’ by introducing a ground for invalidity of a trademark registration: the first paragraph of Article 173 provides that interested persons can request that the court declare that a trademark is invalid in cases where the application for registration was made in bad faith.

Blog

29 Jan 2015
Seahawks triumph in the ‘Trademark Bowl’, but other clubs are not far behind
A number of media reports in recent weeks have slammed NFL club the Seattle Seahawks for its ‘aggressive’ trademark strategy. Research conducted by World Trademark Review indicates that, while the team is indeed top of the trademark pile in the NFL, the number and type of trademarks it is filing is not significantly ahead of its rivals, despite media coverage suggesting otherwise.
29 Jan 2015
New anti-counterfeiting union announced as regulator blasts Alibaba over fakes
While a war of words between China’s State Administration for Industry and Commerce and Alibaba Group attracts global headlines, another Chinese government body has quietly established a new e-commerce union aimed at freezing out disreputable traders.
27 Jan 2015
Nike targeted in copyright suit that has distinct trademark implications
In a suit centred on the iconic Jordan Brand ‘Jumpman’ logo, a photographer is suing Nike for direct, vicarious and contributory copyright infringement, and for violations of the Digital Millennium Copyright Act. While a copyright suit, it is one for trademark professionals to follow.

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Protecting slogans in Brazil

Slogans are a crucial part of a brand’s marketing efforts. However, Brazil’s IP law has reduced the protection available for slogans, especially where they are used solely as a means of advertising
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January 30

Seahawks triumph in the ‘Trademark Bowl’, but other NFL clubs are not far behind. http://t.co/96ZnKChxAc

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