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Legal updates

European Union
The additional threshold on distinctive character
The EU General Court has upheld a decision by the EUIPO First Board of Appeal that found two marks belonging to Caffè Nero lacked distinctive character for some of the goods in Classes 30 and 35, including coffee and coffee expresso beverages, on the grounds of deception.
Canada
Litigation that racks up the miles
A seemingly straightforward claim of likelihood of confusion between ASIA MILES and AIR MILES took a circuitous route through the Federal Court, ending with the application for ASIA MILES being refused.
European Union
Likelihood of confusion between CLOVER CANYON and CANYON
In a dispute dating back to 2012, the EU General Court has rendered its decision in the opposition proceedings between California-based Clover Canyon and German company Kaipa Sportswear regarding an international trademark application for CLOVER CANYON designating the European Union.

Blog

05 Dec 2016
Brand owners and shipping firms sign “historic declaration” to fight counterfeits; reaction suggests this is just the start
Representatives from a number of global shipping companies, logistics firms, anti-counterfeiting organisations and multinational brand owners signed a declaration of intent last week aimed at preventing the maritime transportation of counterfeit goods. While described as “historic” by those involved, commentators say success will require a line-up of projects to curb the billions of dollars of counterfeit goods being shipped around the world.
01 Dec 2016
The spread of publicly listed IP law firms continues as Xenith acquires Australia’s Griffith Hack in strategy play
It has been announced that Australian Securities Exchange-listed holding company Xenith IP Group is buying Griffith Hack for A$152 million (US$112.5 million) in cash and shares, as Australia’s trend towards publicly traded IP law firms continues.
30 Nov 2016
Specsavers secures SHOULD’VE trademark registration; hits out at inaccurate media coverage
Eyewear giant Specsavers has successfully secured registered trademark protection on the term SHOULD’VE, a shortened version of its well-known tagline ‘Should’ve gone to Specsavers’. The initial application at the UK Intellectual Property Office spurred negative media reaction earlier this year, with reports claiming that it demonstrates the overreach of trademark law. However, in exclusive comments to World Trademark Review, Antony Douglass, principal IP counsel at Specsavers, has hit out at the “inaccurate commentary” surrounding the mark.

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Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex

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