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Court clarifies “other harmful influence” under Article 10 of Trademark Law

China - In a case involving Lacoste's famous crocodile device, the Beijing Number 1 Intermediate People’s Court has clarified that the term “other harmful influence” in Article 10 of the Trademark Law refers only to public order, not to private interests. The court overturned a decision of the TRAB in which the latter had rejected Lacoste’s application to register the mirror image of its crocodile device. Full text

Correct test is goods covered by marks, rather than those sold under marks

European Union - In Kitzinger & Co (GmbH & Co KG) v OHIM, the General Court has upheld a decision of the Fourth Board of Appeal of OHIM finding that there was a likelihood of confusion between the marks KICO and KIKA, which both covered goods in Class 16. Among other things, the court agreed with the board that the goods were identical or similar, the correct test being the goods covered by the marks, rather than the goods sold under the marks. Full text

Luxury watchmaker wins parallel importation case

Russia - The Saint Petersburg and Leningrad Region Commercial Court has ruled in favour of luxury watchmaker Longines in a parallel importation case against Russian online shop Bestwatch.ru LLC and website administrator Adelia LLC. In recent years, the Federal Anti-monopoly Service of the Russian Federation has been pushing to legalise parallel importation by amending Article 1487 of the Civil Code. Full text

Latest blogs

Struggling to stand out – the identity challenge facing automotive brands

United States - The perceived difference between the top car brands and their challengers is lessening, according to new research. Focused wholly on US consumers’ brand perception, rather than automotive quality, the research highlights the challenges facing auto industry companies in differentiating their offering. Read blog
Trevor Little | February 03 2012

Have your say on the state of the trademark industry

International - The Global Trademark Benchmarking Survey 2012 is now underway, giving trademark counsel – both in-house and in private practice – the opportunity to have their say on the state of the industry, and build up a comprehensive picture of current trends and best practice. Read blog
Trevor Little | February 02 2012

As Facebook preps for IPO, can brands do more to reach consumers?

International - The social networking site is expected to announce its historic initial public offering today. Much of its success has been built on the platform it offers brands to interact with consumers. But research released earlier this week indicates that brand owners could benefit from paying closer attention to how they connect with their fans via the medium. Read blog
Jack Ellis | February 01 2012