Legal updates

29 Mar 2017

High Court decides TITANIC trademark dispute

United Kingdom - In Property Renaissance Ltd v Stanley Dock Hotel Ltd, a multi-faceted dispute concerning the right to use TITANIC for hotel and spa services, the High Court has considered, among other things, the principles applicable to a hearing officer's discretion to admit evidence and the own name defence under Section 11(2) of the Trademarks Act. Read update

29 Mar 2017

Supreme Court vastly reduces amount of damages for lost profits in trademark infringement case

Sweden - In the longstanding dispute between Bringwell and Cederroth, the Supreme Court has reduced the amount of damages awarded to Cederroth for lost profits to Skr3,65 million - a vast reduction compared to the amount awarded by the lower courts. Cederroth had previously been restrained from using its MULTITOTAL mark on the ground that such use infringed Bringwell’s MIVITOTAL mark, but had been awarded Skr20 million in damages for lost profits on appeal. Read update

28 Mar 2017

ECJ's Brandconcern decision shows importance of clarity in registration to avoid claims of non-use

European Union - In Brandconcern v EUIPO, the ECJ has found that the General Court had not erred in accepting proof of use of the mark LAMBRETTA, despite the fact that the mark had apparently been registered for all goods under Class 12 with questionable evidence of use for these goods. The decision might have been quite different had the mark been registered post-IP TRANSLATOR. Read update

28 Mar 2017

National Customs Service carries out largest-ever seizure of counterfeit goods

Chile - The Chilean Customs Service has seized, in the free port of Iquique, a shipment of 238,418 sport shoes bearing the trademark EILA, which was written in such a way as to resemble the original trademark FILA, owned by Fila Luxembourg SARL. This seizure is the largest-ever border measure carried out in Chile. Read update

27 Mar 2017

TTAB serves it straight up: TEQUILA is not generic

United States - In Luxco Inc v Consejo Regulador Tequila AC, the TTAB has considered whether Consejo Regulador del Tequila - the only entity accredited and approved by the Mexican government to ensure the authenticity, origin, quality and safety of tequila - could register TEQUILA in the United States as a certification mark. The TTAB answered in the affirmative, dismissing an opposition alleging that 'tequila' is a generic word for distilled spirits. Read update

27 Mar 2017

Bulgari successfully enforces selective distribution network against former distributor

Italy - The Specialised IP Division of the Court of Catania has granted a preliminary injunction in favour of jewellery and luxury goods company Bulgari against a former member of its selective distribution network. The decision is noteworthy as it granted protection against the illegal use of the BULGARI marks by a former official distributor, thereby expressly acknowledging the legitimacy of the selective distribution system implemented by Bulgari. Read update

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Issue 66