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Legal updates

29 Jul 2016

Proving genuine use of an earlier EU trademark

European Union - On June 16 2016 the European General Court rendered its decision in Case T – 614/14 between Fútbol Club Barcelona (the applicant), the EU Intellectual Property Office (the defendant) and Kule LLC as the other party before the EUIPO Board of Appeal. Read update

29 Jul 2016

Interim injunction bars Blu Frog from piggybacking on reputation of celebrated venue

India - The Bombay High Court has issued an interim injunction restraining Blu Frog Kitchen from infringing the marks of the celebrated Blue Frog bar, restaurant and music venue, and from passing off its goods and services as those of the plaintiffs. Read update

28 Jul 2016

Sky’s the limit for Skyscape when seeking a declaration of non-infringement

United Kingdom - After Sky's solicitors wrote to Skyscape alleging that it was infringing a number of Sky's trademarks, Skyscape asked the court to grant a declaration of non-infringement. Although a viable tool in infringement cases, there are issues that claimants should bear in mind when seeking a declaration of non-infringement. Read update

28 Jul 2016

General Court affirms rejection of 3D ‘barbell’ toothbrush as EU trademark

European Union - The General Court has affirmed a decision of the EUIPO Second Board of Appeal that a 3D mark of a toothbrush was only a variant of a generally used and recognised shape of a toothbrush, and thus could not benefit from registration under the EU Trademark Regulation. Read update

27 Jul 2016

The new Virtual Office of Industrial Property

Colombia - The Colombian Patent and Trademark Office have implemented a new modern and innovative platform for the online filing and management of distinctive signs, patents and certifications of industrial property. Read update

27 Jul 2016

Trademark ZERO held to be generic for beverages

Israel - The recent (non-precedential) decision by the US Trademark Trial Appeal Board regarding the registrability of the word ‘Zero’ raised an evidentiary question regarding foreign registrations that merits further attention. Read update

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Issue 62