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Legal updates

23 Sep 2016

No discretion for entirely new evidence on appeal

European Union - In EU Intellectual Property Office (EUIPO) v Xavier Grau Ferrer, the European Court of Justice held that the EUIPO had failed to undertake an examination of additional and supplementary evidence and therefore infringed Article 76(2) of Regulation 207/2009. Read update

23 Sep 2016

CLEARVU is again the subject matter of litigation proceedings

South Africa - The trademark CLEARVU has again been the subject matter of litigation proceedings. After going head to head in South Africa’s Supreme Court of Appeal over CLEARVU as a Google Adword, M-Systems Group Ltd recently opposed Cochrane Steel Product Ltd’s application to register the trademark, arguing that CLEARVU was not capable of distinguishing. Read update

22 Sep 2016

Federal Court of Australia finds in favour of OZEMITE

Australia - The Federal Court of Australia has overturned a decision by the Trademarks Office to remove the trademark OZEMITE for non-use. Interestingly, sufficient use was established without the product being on the market. Read update

22 Sep 2016

Misleading online promotion constitutes unfair competition

China - In a recent decision the Changsha Intermediate People’s Court applied Article 2 of the Anti-unfair Competition Law and held that an online vendor selling genuine Avène products while claiming that its platform was the official Avène website had committed an act of unfair competition. Read update

21 Sep 2016

Ambush marketing application not ‘irresistible’

Canada - The Federal Court's decision in the case of Julia Wine Inc v Les Marques Metro is a practical example of trademark law serving its function to prevent confusion of the public and unwarranted entrenchment on the rights of established trademark users, particularly when an element of bad faith is involved. Read update

21 Sep 2016

Wide-ranging trademark dispute in Vietnam escalates to court

Vietnam - A civil lawsuit against the National Office of Intellectual Property in the Hau Giang Province People’s Court provided an interesting challenge to the government’s approach to deciding trademark similarity. Read update

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Issue 63