Legal updates

Russia
Supreme Court upholds controversial TRISOLEN decision
On May 15 2017 the Russian Supreme Court upheld a recent IP court decision that only goods that infringe a trademark in their country of origin can be prohibited from circulating in Russia. This seems to contradict Russian legislation and established practice regarding what is and is not a trademark infringement.
Peru
New electronic publication system reduces costs and time
On June 29 2017 a supreme decree was published, approving the regulations for implementing the electronic publication system through the Peruvian Patent and Trademark Office (PTO) webpage. From July 3 2017 electronic publications will be made through the electronic gazette. This new system will simplify trademark application proceedings at the PTO.
United Kingdom
Use of BMW trademarks by repair specialist is misleading
In BMW v Technosport London Limited the Court of Appeal has found that use of the BMW trademark by a company specialising in the repair and maintenance of BMWs went beyond ‘informative use’ of the trademark and was likely to cause the average consumer to assume a commercial connection with BMW.

Blog

22 Aug 2017
Lawyer suggests trademark law be used “as a weapon against neo-Nazis” following misuse of Detroit Red Wings brand in Charlottesville
A leading litigator at Florida firm Johnson Pope has spoken out about how trademark law can be used “as a weapon” against the misuse of brands by hate groups. This follows global media coverage of white supremacists using the branding of the Detroit Red Wings during recent protests in Charlottesville, with the hockey club forced to issue a statement to clarify that it was not associated with the protesters.
16 Aug 2017
Don’t panic, prepare: As Indian office steps up examinations, spike in refusals observed
As the Indian trademark office steps up its efforts to clear its long-standing backlog and process the rapidly rising numbers of applications, one practitioner has observed a resulting spike in clients receiving provisional refusals to international applications designating the country. However, rather than a cause for alarm, she argues that this trend is a natural consequence of the office upping its game.
15 Aug 2017
Mystery over fake TMview site owned by Gleissner; source suggests tycoon may seek license fee from EUIPO
A website owned by a company related to notorious trademark filer Michael Gleissner has been found imitating the EU Intellectual Property Office’s search platform TMview. The site has been described as a “phishing page” by one attorney, but an insider source tells World Trademark Review it is more likely that the entertainment tycoon is looking to sell or license the domain to the EUIPO.

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