Legal updates

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

22 Mar 2017

ECJ confirms that there is no likelihood of confusion between KRISPY KREME DOUGHNUTS and DONUT/DONUTS

European Union - In Panrico SA v EUIPO, the ECJ has upheld a decision of the General Court finding that there was no likelihood of confusion between the figurative mark KRISPY KREME DOUGHNUTS and Panrico’s earlier word mark DONUT and figurative mark DONUTS. Among other things, the General Court had held that, in the case of Class 30 goods, the visual aspect was more important than the phonetic aspect since the acquisition of such goods depended primarily on their visual impression. Read update

22 Mar 2017

Shortened renewal terms for "old law" cases under transitional provisions of Industrial Property Act

Gambia - The transitional provisions of the 2007 Industrial Property Act state that all “old law” cases (ie, all cases filed before April 2 2007) must either be renewed within 10 years of the new law coming into effect (ie, by April 2 2017) or at the end of their current 14-year term, whichever period first expires. The transitional provisions are being enforced, and will affect two categories of “old law” applications/registrations. Read update

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Issue 66