DLA Piper 2015

Legal updates

24 Apr 2015

CTM Court: use of perfume trademarks to sell smell-alikes is unlawful

Spain - The Community Trademark Court Number 2 of Alicante has upheld an action filed by companies belonging to the perfume and fashion group Puig against several companies of the Saphir Group and a supermarket chain. The court, refusing to apply the ‘fair use’ exemption, held that the defendants took unfair advantage of the distinctive character and the repute of the plaintiffs’ trademarks by using the marks to sell their smell-alike perfumes. Read update

24 Apr 2015

Students convicted for selling fake copies of Microsoft software

Sweden - Two students have been convicted of trademark and copyright infringement by the Stockholm District Court for importing fake copies of Windows 7 and Microsoft Office and selling them through online marketplaces in Sweden and Norway. Among other things, the court held that the students' actions were “in the course of business” and that, therefore, they had an extended obligation to examine the origin and authenticity of the goods. Read update

24 Apr 2015

Uncertainty regarding applicability of international IP-related treaties

Venezuela - In 2008 the Venezuelan Trademark Office issued an opinion stating that the rules of the Andean Community were no longer applicable in the country, referring specifically to the Paris Convention, TRIPS and the Nice Agreement. However, it has recently been discovered that, according to the definition of 'collective marks' provided on the Trademark Office’s official website, collective marks are not governed by national law, but by the Paris Convention. Read update

23 Apr 2015

ECJ considers references to specific brands in invitations to tender

European Union - In SC Entreprise Focused Solutions SRL v Spitalul Judetean de Urgenta Alba Iulia, the ECJ has considered a request for a preliminary ruling concerning the interpretation of Article 23(8) of Directive 2004/18/EC on the coordination of procedures for the award of public contracts. It is the first time that the court has considered the issue of references to a particular brand in invitations to tender. Read update

23 Apr 2015

Court expresses concern over making a declaration of infringement where no defence is filed

Hong Kong - In Biostime International Investment Limited v France Heson Paper (Hong Kong) Co Limited, the High Court has expressed its concern about making a declaration of infringement in circumstances where the defendant had not filed a defence. This case demonstrates that declarations are most likely to be ordered following a contested trial, rather than in an application for default judgment. Read update

23 Apr 2015

Russian PTO ordered to pay record sum for court expenses

Russia - The Presidium of the IP Court has confirmed a first instance decision ordering the Russian PTO to pay approximately €15,000 to Russian firm EvroImp LLC, owner of the trademark BERGLAND, in compensation for court expenses resulting from the PTO’s cancellation of EvroImp’s mark. Although EvroImp had asked for a greater amount of compensation, the awarded sum is still unprecedented for the Russian PTO. Read update


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