Legal updates

19 Jan 2018

Toyota loses appeal against PRIUS trademark registration

India - In Toyota Jidosha Kabushiki Kaisha v Prius Auto Industries Ltd, the Supreme Court of India has dismissed Toyota’s appeal against the order of the Division Bench of the Delhi High Court permitting the use of the PRIUS mark by Prius Auto. The Supreme Court held that Toyota had not provided adequate evidence to show that it had acquired substantial goodwill in India when Prius Auto adopted the mark. Read update

19 Jan 2018

Victoria's Secret fails to prove bad faith in Beijing High Court

China - The Beijing High Court has upheld the rejection of Victoria’s Secret’s opposition against an individual’s registration of the mark 维多利亚的秘VICTORIA’S SECRET in Class 42. It held that the evidence submitted by Victoria’s Secret was insufficient to prove that the opposed mark was filed in bad faith. Read update

18 Jan 2018

Application for the word mark SCATTER SLOTS refused

European Union - The EU General Court has upheld decisions by the EU Intellectual Property Office and the Board of Appeal to reject the application for the word mark SCATTER SLOTS on the basis that it is descriptive, as it could be perceived by consumers as referring to services with slot machines. Read update

18 Jan 2018

Confusion with internationalised domain names

International - A Uniform Domain Name Dispute Resolution Policy (UDRP) panel has denied the transfer of the ‘physiothé’ domain name, holding that the respondent had legitimate interests and that there was no evidence of bad faith. The decision underlines that UDRP complainants should prove that respondents registered the domain names at issue with the intention of profiting from the complainant’s goodwill and reputation. Read update

17 Jan 2018

China's nationwide campaign to protect foreign companies' IP rights

China - In August 2017 the China State Council published the Circular on Several Measures to Boost the Growth of Foreign Investment. The circular announced measures to ensure the growth and raise the quality of foreign investment by creating an environment that is more law-based, internationalised and convenient for foreign investors. Read update

17 Jan 2018

High degree of similarity defeats weak distinctive elements

European Union - The EU General Court has upheld the EU Intellectual Property Office Opposition Division decision to refuse Xiaomi Inc's application to register the EU trademark MI PAD for goods in Class 9 and services in Class 38, based on a likelihood of confusion with Apple’s IPAD mark. The decision highlights the importance given to the high degree of overall similarity between marks and their relevant goods and services, even where there are weak elements. Read update


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Issue 71