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Legal updates

25 Nov 2014

Court of Appeal considers consequences of long-standing concurrent use

United Kingdom - In IPC Media Ltd v Media 10 Ltd, the Court of Appeal has dismissed an appeal and cross-appeal in a case concerning the concurrent use of the brand name Ideal Home by two different parties. Among other things, the court held that both parties had allowed confusion to develop over many years, which led the average consumer to assume that their core businesses were connected. Read update

25 Nov 2014

SC refuses to reconsider adidas' claim that four-striped shoes infringe its three-stripe mark

Israel - In adidas Salomon AG v Yassin, the Supreme Court has rejected adidas' petition for an additional hearing following its appellate ruling in this case, in which the court had rejected adidas' claims of trademark infringement, passing off, dilution and unjust enrichment against an importer of lower-end shoes bearing four stripes. Nevertheless, the court significantly tempered the effect of the appellate ruling. Read update

25 Nov 2014

LVMH successful on appeal in counterfeiting case

Peru - The Administrative Court of Appeals has revoked a resolution of the Trademark Office in which the latter had rejected a trademark infringement action filed by LVMH against an importer of purses bearing the sign LX and floral designs. The court considered that the LX sign and the floral designs were confusingly similar to LVMH’s monogram trademark. Read update

24 Nov 2014

Fifth Circuit gives WWE the green light to 'smackdown' counterfeiters

United States - In World Wrestling Entertainment Inc v Unidentified Parties, which involved the sale of unauthorised WWE products, the US Court of Appeals for the Fifth Circuit has vacated a district court decision refusing to issue ex parte seizure and temporary restraining orders. The Fifth Circuit found that the specific identities of the unnamed defendants were not as crucial to the evaluation of the case as the district court thought. Read update

24 Nov 2014

Lower degree of protection for trademarks consisting of common names

Singapore - In Taylor, Fladgate & Yeatman Limited v Taylors Wines Pty Ltd, the IPOS has dismissed an opposition against the registration of two TAYLORS WAKEFIELD marks for wines in Class 33, finding that there was no likelihood of confusion with the earlier mark TAYLOR'S for identical goods. The decision reiterates the principle that trademarks consisting of common names and/or words of low distinctiveness are conferred a lower degree of protection. Read update

24 Nov 2014

New regulations prohibit registration of LLPs whose names include registered mark

Kenya - The Limited Liability Partnerships Regulations, which were issued by the attorney general pursuant to powers conferred by Section 35 of the Limited Liability Partnerships Act 2011, have been published in the Kenya Gazette. The regulations contain a provision that would operate to provide greater certainty in situations where a company is registered using a name that is identical to a registered trademark belonging to a third party. Read update


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