IAM

Legal updates

31 Jul 2015

Coty is major step for IP rights protection - but IP owners should not get 'over-excited'

European Union - In Coty Germany v Stadtsparkasse Magdeburg, the ECJ has held that national banking secrecy laws that allowed banks, in an unlimited and unconditional manner, to refuse to provide information which a rights owner required to protect its IP rights, were precluded by Article 8(3)(e) of the IP Rights Enforcement Directive. However, it is important to note that the decision does not rank IP rights above data protection and banking secrecy laws in general. Read update

31 Jul 2015

Trademark use within OEM context constitutes genuine use under Trademark Law

China - In cancellation proceedings against the trademark MIRRO, owned by French company SEB SA, the TRAB has recognised that trademark use within the context of OEM activities constitutes genuine use within the meaning of the Trademark Law. The TRAB thus overturned the Trademark Office's decision to cancel the mark based on non-use. Read update

31 Jul 2015

'The Donald' trumps condo buyers by avoiding trademark licensor liability

Canada - In Singh v Trump, Donald Trump has avoided liability for alleged misrepresentations of the attributes of purchased hotel units by a developer that was licensed by one of Trump’s corporate affiliates to use Trump’s name and marks for Toronto’s Trump Tower complex. The decision suggests that, to limit liability for acts or omissions of a licensee in Canada, a celebrity or other trademark owner should interpose an intermediate entity to enter a licence agreement with a licensee. Read update

30 Jul 2015

Christian Louboutin defeats challenge against registration of 'red sole' mark

European Union - In Roland SE v OHIM, the General Court has upheld a decision of the First Board of Appeal of OHIM rejecting an opposition filed by Roland SE against Christian Louboutin’s CTM application for the colour red applied to the sole of a shoe. Among other things, the court agreed with the board that there was no conceptual link between the red sole of a high-heel shoe and the red rectangle contained in the earlier figurative mark MY SHOES. Read update

30 Jul 2015

OHIM held to have erred in finding that figurative mark was visually similar to earlier word mark

European Union - The General Court has issued two very different decisions in cases involving two international registrations containing the element 'ECOSE'. While the court agreed with the Board of Appeal that there was a likelihood of confusion between the word mark ECOSE and the earlier mark ECOSEC FACHADAS, it found that the board had erred in finding that the figurative mark ECOSE TECHNOLOGY was visually similar to the earlier mark. Read update

30 Jul 2015

Supreme Court decision on jurisdiction likely to have impact on IP litigation strategies

India - The Supreme Court has dismissed appeals filed by the Indian Performing Rights Society Limited and Advance Magazine Publishers Inc against orders of the High Court of Delhi, and held that if a plaintiff is residing or carrying on business at a place where the cause of action has also arisen, either wholly or in part, it has to file suit at that place. The decision is likely to change the IP litigation strategy of many companies. Read update

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