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US company Tesla sued for trademark infringement

China - US company Tesla Motors Inc, a manufacturer of electric cars, has been sued by Chinese businessman Zhan Baosheng, the owner of the TESLA mark in China. Baosheng is demanding that Tesla stop all sales and marketing activities in China and that all showrooms and supercharging facilities be shut down. He is also demanding that Tesla pay him $3,850,000 in compensation for trademark infringement. Full text

Supreme Court rules on 'use' of a trademark

Sweden - In Mon.Zon v Layher, the Supreme Court of Sweden has considered the scope of the exclusive rights conferred by Article 4 of the Trademark Act. Among other things, the court held that, although Mon.Zon had used Layher’s trademark in relation to identical goods and in the course of trade, there was no risk of harming any of the trademark’s functions. Consequently, Layher could not prevent Mon.Zon from using its trademark. Full text

Supreme Court: generic or common words may be distinctive

Thailand - The Supreme Court has held that Club 21 Private Limited’s trademark CLUB 21 was registrable for goods and services in Classes 16, 25 and 35. The registrar and the Board of Trademarks had refused to register the mark on the ground that it lacked distinctiveness. Among other things, the Supreme Court stated that the provisions of the Trademark Act do not stipulate that a generic word or a word with a general meaning cannot be distinctive. Full text

Latest blogs

Trademarking a tragedy: the need to defend against rogue trademarks of tragic events

International - The entire world was in a state of shock, disbelief and sadness last Thursday at the news that Malaysia Airlines flight MH17 had been shot out of the sky over war torn fields in Ukraine. Some individuals, though, saw the tragedy as something else entirely: an opportunity to register trademarks. Read blog
Tim Lince | July 24 2014

Social media marketers ‘need regular trademark training’

International - A lot of talk about online trademark protection is of brands protecting themselves from infringement, but the changing nature of brands engaging with consumers on social media requires marketing staff to take regular IP training to avoid any legal or trademark hiccups themselves. Read blog
Tim Lince | July 23 2014

Proposed amendment to Russian trademark law receives mixed response

Russia - Russia’s Federation Council on Intellectual Property is proposing an amendment to Russian trademark law that would stop naturalistic images of products and descriptive trademarks as the basis for distinctiveness. WTR discovers a very mixed response to the proposed changes. Read blog
Tim Lince | July 21 2014

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