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Legal updates

United States
Nationstar Mortgage v Ahmad: fraud on the USPTO is alive again
In 2009 the US Court of Appeals for the Federal Circuit significantly restrained the ability to attack a trademark application or registration on the basis of fraud. For the first time since that decision, the TTAB, in Nationstar Mortgage v Ahmad, has sustained a claim of fraud and clarified the standard of proof for such claims.
Ireland
Nestlé fails to prevent registration of Unilever's 'random' mark
In Unilever Plc v Société Des Produits Nestlé SA, the hearing officer has dismissed Nestlé’s opposition against the registration of Unilever’s mark RANDOM ACTS OF HAPPINESS. The hearing officer found that there was no likelihood of confusion between the mark applied for and Nestlé’s marks RANDOMS and LET YOUR RANDOM SIDE OUT.
Slovenia
Supreme Court rules on destruction and storage costs in customs cases
The Supreme Court has issued an important decision in a case involving the detention of a large shipment of counterfeit cosmetic products bearing the mark of a well-known multinational consumer goods company, in transit through Slovenia to another EU member state. The decision addressed the issue of whether it was possible to claim storage and destruction costs from infringers.

Blog

24 Oct 2014
WIPO calls on national offices to step up goods and services engagement

Debbie Roenning, director of the legal division of WIPO’s Madrid Registry, has called for increased engagement from national offices with the Madrid Goods and Services Manager tool, in a bid to help international trademark applicants better manage the risk of first action refusals. Last week we looked at USPTO statistics for the year to date, which report that just 2.6% of...

22 Oct 2014
Research reveals sporting brands lag behind in gTLD registrations

Following on from recent research which showed that major companies are facing brand hijacking issues in some of the most popular new gTLD strings, we thought we would look at the world’s most valuable sports teams to see how they were approaching the domain name expansion. The picture here was even bleaker than on the corporate scene, with private individuals taking the lead in terms...

21 Oct 2014
Google steps up anti-piracy efforts

While focused more on copyright infringement - with particular emphasis on the entertainment industry - than on trademark rights violations, the latest changes to Google’s anti-piracy efforts are worth reporting. Not least because they break a few previously held assumptions on what the company can and can’t do. The company’s How Google Fights Piracy report outlines how...

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New GCC trademark law sparks change across the region

The Gulf Cooperation Council States Trademark Law came one step closer to reality when it was approved by the Cabinet of Ministers in Saudi Arabia. While a single trademark law for the region is positive news, it will mean big changes for each state.
David Harper and Rachel Armstrong report

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Tweets

October 24

WIPO calls on national offices to step up goods and services engagement. http://t.co/kEA9CGc3TU

October 22

Major sporting brands lag behind the corporate scene when it comes to brand protection in the gTLD space. http://t.co/3k86A28FuO #newgtlds

October 22

The change Google has made to its autocomplete function is a step in the right direction for trademark owners. http://t.co/coEzUfdX5m

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