Managing the Trademark Asset Lifecycle website

Legal updates

01 Jul 2015

CTM held to be invalid due to proprietor's bad faith when filing application

European Union - In Silicium España Labaratorios SL v OHIM, the General Court has upheld a decision of the First Board of Appeal of OHIM declaring that the CTM LLRD5 was invalid. Among other things, the court found that one of the intervener’s directors had acted in bad faith when filing, through an intermediary, an application seeking to register the company name of the intervener at a time when he was a co-director and without informing the intervener of his action. Read update

01 Jul 2015

Important decisions strengthen protection of GIs

Italy - Two decisions - a decision of the Supreme Court of Cassation in a case involving the GI 'Felino' and a decision of the Court of Milan in a case involving the GI 'Emmentaler' - have further strengthened the protection of GIs in Italy. The decisions also highlight the importance of having the right defence strategy, since the respective outcomes largely depended on the claims presented by the parties. Read update

01 Jul 2015

Trademark registration for online shopping services maintained based on use in online fashion blogs

Canada - In a recent decision of the Trademarks Opposition Board dealing with a non-use cancellation proceeding, the hearing officer has maintained a registration for a trademark covering online shopping services based on evidence showing the mark appearing in the title and the text of online fashion blogs. Read update

30 Jun 2015

Use of TEFLON for third parties' final products does not ensure mark's essential function

European Union - In Polytetra GmbH v OHIM, the General Court has annulled a decision of the First Board of Appeal of OHIM in opposition proceedings involving the marks POLYTETRAFLON and TEFLON. Among other things, the court found that the earlier TEFLON mark, used by third parties in connection with their final products, did not guarantee the origin of those goods. Read update

30 Jun 2015

Second Circuit: pre-arbitration injunction may only preserve status quo

United States - In Benihana Inc v Benihana of Tokyo LLC, in the context of a dispute surrounding a breach of a trademark licence agreement that provided for arbitration of certain disputes, the US Court of Appeals for the Second Circuit has held that the district court’s aid of arbitration jurisdiction only extends to injunctions limited to maintaining the status quo between the parties. Read update

30 Jun 2015

Appeal court confirms Braun's victory against importer of fake 'Brown' goods

Albania - The Appellate Court of Tirana has rejected an appeal lodged by an Albanian importer of epilators bearing the mark BROWN and upheld the decision of the First Instance Court of Tirana in favour of Braun GmbH. The ruling clarifies the extent of Albanian Customs’ authority to inspect and detain goods suspected of infringing trademark rights. Read update


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