Legal updates

27 Mar 2017

TTAB serves it straight up: TEQUILA is not generic

United States - In Luxco Inc v Consejo Regulador Tequila AC, the TTAB has considered whether Consejo Regulador del Tequila - the only entity accredited and approved by the Mexican government to ensure the authenticity, origin, quality and safety of tequila - could register TEQUILA in the United States as a certification mark. The TTAB answered in the affirmative, dismissing an opposition alleging that 'tequila' is a generic word for distilled spirits. Read update

27 Mar 2017

Bulgari successfully enforces selective distribution network against former distributor

Italy - The Specialised IP Division of the Court of Catania has granted a preliminary injunction in favour of jewellery and luxury goods company Bulgari against a former member of its selective distribution network. The decision is noteworthy as it granted protection against the illegal use of the BULGARI marks by a former official distributor, thereby expressly acknowledging the legitimacy of the selective distribution system implemented by Bulgari. Read update

24 Mar 2017

General Court issues FAIR & LOVELY decision in Unilever's favour

European Union - In Unilever v EUIPO, the General Court has annulled a decision of the Fourth Board of Appeal of the EUIPO in which the latter had upheld Technopharma’s opposition against the registration of Unilever’s FAIR & LOVELY mark. The decision highlights the complexities which can result from the overlapping and potentially competing trademark rights in EU member states and supranational EU trademark rights. Read update

24 Mar 2017

Supreme Court: no protection for Christian Louboutin's red sole mark

Switzerland - The Supreme Court has confirmed the decision of the Federal Administrative Court denying protection to Christian Louboutin’s red sole mark for ladies’ footwear in Class 25. Among other things, the Supreme Court found that a red sole, without any verbal elements, would not be recognised as a trademark but, rather, would be perceived as a decorative element. Read update

23 Mar 2017

Delhi District Court: no confusion between IKEA and AIKYA GLOBAL

India - Furniture giant Ikea has suffered a setback in its legal battle against Aikya Global, which provides professional consultancy services and event, media and communication services. Ikea alleged that the adoption and use of the AIKYA mark amounted to unfair competition, trademark infringement and passing off. However, the Delhi District Court ruled in favour of Aikya Global, finding that the parties’ marks and services were not similar. Read update

23 Mar 2017

WIPO panel not convinced by respondent's alleged use of domain name to "celebrate" family pet

International - In a recent decision under the UDRP, a WIPO panel has ordered the transfer of a domain name because the respondent had failed to demonstrate that he was not trying to disrupt the complainant's business by pointing it to a website allegedly celebrating his dog. The decision shows that, ideally, trademark licences should also deal with the registration and use of relevant domain names. Read update


Register for more free content

  • Read more World Trademark Review blogs and articles
  • Receive the editor's weekly review by email
Register now  
Issue 66