IP Service World 2014
IPBC Asia 2014

Legal updates

21 Oct 2014

Supreme People's Court issues rules on online infringement of personal rights

China - China’s Supreme People’s Court has issued a new judicial interpretation regarding online infringement of personal rights. This judicial interpretation is intended to deal with the increasing problem of online defamation and unfair competition activities in China. The personal rights referred to in the judicial interpretation include the rights of honour, portrait and privacy. Read update

21 Oct 2014

Philips' electric toothbrush base assembly design held to lack acquired distinctiveness

United States - In In re Koninklijke Philips Electronics NV, in a precedential decision, the TTAB has affirmed the refusal to register a mark consisting of the base assembly of an electric toothbrush. Among other things, the TTAB held that “mere figures demonstrating successful product sales are not probative of purchaser recognition of a configuration as an indication of source”. Read update

21 Oct 2014

Bombay High Court grants injunction based on family of marks

India - In Neon Laboratories Ltd v Themis Medicare Ltd, the Bombay High Court has restrained pharmaceutical companies Themis and Ciron from using their XYLOX marks based on Neon Laboratories’ family of LOX marks. The decision is significant in that a three-letter mark for pharmaceutical products was found to be distinctive of a particular company. Read update

20 Oct 2014

General Court interprets list of goods based on IP TRANSLATOR

European Union - In Scooters India Ltd v OHIM, the General court has annulated two decisions of the First Board of Appeal of OHIM in two cases involving the trademark LAMBRETTA. Among other things, the court had to decide whether use of a trademark for goods that were not specifically mentioned in the list of goods, but fell within this class, could be considered sufficient to fulfil the use requirement. Read update

20 Oct 2014

The new gTLD aftermarket has arrived

International - While ICANN's new gTLD programme would appear to be a success, the volume of registrations across those gTLDs that are now operational has fallen below expectations. As a result, some new gTLD registry owners are seeking to sell their gTLD registries, with reports of the first sales of operational gTLD registries being scheduled for this month. Read update

20 Oct 2014

Appeals Court discusses nature of franchise agreements

Puerto Rico - In Díaz v Pérez, which concerned an employment claim against the Bayamón Cowboys basketball team, the team manager and the Basketball League, the Appeals Court of Puerto Rico has discussed the nature of franchise agreements. Among other things, the court held that a franchisee benefits from the use of a known trademark while retaining independence and, at the same time, receiving assistance and training from the franchisor. Read update


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