United Kingdom - In Magmatic Ltd v PMS International Ltd, the makers of the Trunki suitcase have had their first instance victory at the High Court overturned by the Court of Appeal, which held that the rival Kiddee Case did not infringe their Community registered design. As it stands, the ruling could in theory allow for avoidance of design infringement by adding surface decoration to an otherwise infringing product.
Greece - In a case involving counterfeit sunglasses, the Athens Single-Member First Instance Civil Court has upheld an action filed by adidas AG against an importing company and its managing director on the grounds of trademark infringement and unfair competition. Among other things, the court ordered the defendants to jointly pay adidas the amount of €30,000 plus legal interest in compensation for moral damage.
Peru - INDECOPI has ordered Red Científica Peruana - the administrator of the '.pe' ccTLD - to suspend the registration of the domain name 'thepiratebay.pe'. INDECOPI based its decision on the fact that the 'Pirate Bay' website has been involved in legal actions in other jurisdictions, and that it has been proven that the website contributes to the violation of third-party IP rights.
International - Today officially marks the 25th anniversary of the World Wide Web. In addition to the many positive benefits of the electronic era, it is fair to say that the web’s silver jubilee also marks the anniversary of a new era of trademark challenges. The big question is, will the web’s next phase constitute a quantum leap or business as usual in terms of trademark practice?
Trevor Little | March 12 2014
International - Fashion designer Jeremy Scott is never far from controversy and his latest runway collection – which plays homage to iconic American brands – has sparked debate over his use of famous trademarks. The collection has led some to question how far the move dilutes the marks in question, but an equally valid question is how great an opportunity such activities provide for brand owners to celebrate their famous marks.
John van der Luit-Drummond | March 11 2014
International - In the aftermath of the trademark spat involving King’s attempts to prevent others from using CANDY with respect to online games, a number of satirical games have been developed to mock both the developer and the trademark system as a whole. Constructive dialogue with the developer community should therefore be an important focus for associations and institutions seeking to address negative perceptions of IP – but the right approach will be critical.
Trevor Little | March 10 2014