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Avoiding Bratz: cross-company understanding of IP necessary
One thing that can be learnt from the dispute between Mattel and MGA Entertainment over the Bratz doll brand is that not every employee of any given company understands IP rights. Knowledge of intellectual property runs through the veins of some companies - WTR recently heard from Siemens about that corporation's IP-aware 400,000 employees (full details will be published this autumn). For others, fostering this sort of understanding is trickier.
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July 29 2010
ICANN responds to questions over potential trademark rebuff
ICANN has responded to the blog post WTR published yesterday that speculated whether the board would close the chapter on trademark protection mechanisms in the new gTLD programme without full analysis of the latest round of comments. The body has now stated that the board will receive the analysis in time for its September retreat.
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July 28 2010
Did ICANN just imply that the new gTLDs process will snub trademarks?
Here's some exclusive news from ICANN, and trademark owners will not like it. The organisation has indicated that the trademark concerns surrounding new gTLDs will not be put to bed in time for the board's retreat in September. This will alarm mark owners because Peter Dengate Thrush, ICANN's chair, has told WTR: "If the issues are not cleared up by September then we'll be forced to make some decisions. If the community can't decide, we'll step in and force it into some sort of arrangement or decision."
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July 27 2010
More updatesUpdates
New requirements for online retailers will 'change game' for mark owners
In order to protect and promote the growth of China’s online marketplace, the SAIC has issued the Interim Regulations on the Management of the Internet Merchandise Transactions and Related Services. Beginning July 1 2010, all online retailers, including B2C and C2C retailers, run by a natural person must register the person’s real name, address and identification information with the third-party e-commerce platform.
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July 29 2010
European Union
Board erred in restricting likelihood of confusion assessment to single premise
In mPAY24 GmbH v OHIM, the General Court has annulled a decision of the First Board of Appeal of OHIM in opposition proceedings against the registration of the mark MPAY. The board, in its global assessment of the likelihood of confusion, should have assessed not only the distinctive character of the earlier MPAY24 mark, but also the degree of similarity between the goods and services at issue, and the degree of similarity between the marks.
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July 29 2010
Poland
Supreme Administrative Court considers issue of opponent's legal interest
The Supreme Administrative Court has held that, under Article 246 of the Law on Industrial Property, an opponent is not required to provide evidence of its legal interest, both at the time of filing the opposition and during opposition proceedings before the Polish Patent Office, even if the rights holder considers the opposition to be groundless.
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July 29 2010
European Union
Interim rules on copyright protection for industrial designs contradict EU law
Advocate General Bot has delivered his opinion in Flos SpA v Semeraro Casa e Famiglia SpA, a reference for a preliminary ruling by the Specialised Division of the Court of Milan concerning the interpretation of the Community Design Directive. The advocate general expressed the view that the Italian interim rules on copyright protection for industrial designs were inconsistent with the directive.
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July 28 2010
United Kingdom
Letter held to constitute a response, not a threat of infringement proceedings
In Best Buy Co Inc v Worldwide Sales Corporation Espana SL, the Chancery Division of the High Court has dismissed an action brought by US corporation Best Buy Co Inc and its UK subsidiary under Section 21 of the Trademarks Act. The claimants had argued that a letter sent by the defendant's lawyers was an unwarranted threat to launch trademark infringement proceedings against them.
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July 28 2010
United States
Filing of federal application is "protected act" under California anti-SLAPP law
In Mindys Cosmetics Inc v Dakar, the US Court of Appeal for the Ninth Circuit has affirmed the district court’s denial of defendant Kia Kamran’s anti-SLAPP motion to strike plaintiff Mindys Cosmetics Inc's claims for malpractice, breach of fiduciary duty, fraudulent concealment and conversion. Among other things, the court held that Mindys had demonstrated a "reasonable probability" of prevailing on its claims.
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July 28 2010
