Legal updates

Germany
German Federal Court rules on Google’s Image Search
The Federal Court of Justice has handed down a judgment of utmost importance for the exploitation of copyright on the Internet. The decision, which will become known and referred to under the name Thumbnail III, examined whether the display of preview images in search results constituted an act of making available a copyright work in the sense of the copyright law.
Thailand
New Thailand Customs Act
The new Thailand Customs Act, which was published in the Government Gazette, will come into force on November 13 2017. The act will replace the current Customs Act BE 2469 (1926) and its subsequent amendments.
Ireland
ALLENKEYGUARD mark refused
A hearing officer has refused Allenkey Fittings Limited's application to register ALLENKEYGUARD as a trademark, despite the fact that the level of disputed similarity did not reach the threshold for a likelihood of confusion, on the grounds that the mark violates Sections 8(4)(b), 10(3) and 10(4)(a) of the Trademarks Act for bad faith, unfair advantage and passing off.

Blog

18 Oct 2017
eBay launches new authentication programme as it seeks to remain ‘gold standard’ platform for rights protection
Analysis: Leading online marketplace eBay has launched an innovative new programme to verify high-priced fashion and luxury goods. While it will not lead to a significant reduction in the overall volume of online counterfeiting, experts tell World Trademark Review that the service could have a significant impact on the most damaging form of illicit internet sales – those where consumers who intend to buy an authentic product unwittingly end up with a fake.
17 Oct 2017
Monster mashed, Golden Knights saga continues, and the complicated relationship between brands and musicians: news round-up
News: Every Tuesday and Friday, World Trademark Review presents a round-up of news, developments and insights from across the trademark sphere. In this edition, we look at Monster Energy’s difficult opposition in Singapore, the rise in partnerships between brands and independent musicians, and increased trademark fees in Egypt and Russia.
17 Oct 2017
Skoda’s trademark troubles in India highlight growing vigilance of domestic rights holders
Analysis: Skoda has been banned from using the car model name ‘Monte Carlo’ in India following allegations of infringement by a local fashion brand. The dispute underscores the crucial importance of thorough trademark searches in all jurisdictions and the growing vigilance of domestic brands in protecting their rights against multinational corporations.

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Adding substantial value to shapes – why this absolute ground should be abolished

The difficulties of protecting shapes and product designs as three-dimensional trademarks have been widely chronicled. However, the latest changes to the EU Community Trademark Regulation only extend the existing uncertainty with regard to absolute grounds for refusal
Anders Poulsen reports

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