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Legal updates

30 Jun 2015

Use of TEFLON for third parties' final products does not ensure mark's essential function

European Union - In Polytetra GmbH v OHIM, the General Court has annulled a decision of the First Board of Appeal of OHIM in opposition proceedings involving the marks POLYTETRAFLON and TEFLON. Among other things, the court found that the earlier TEFLON mark, used by third parties in connection with their final products, did not guarantee the origin of those goods. Read update

30 Jun 2015

Second Circuit: pre-arbitration injunction may only preserve status quo

United States - In Benihana Inc v Benihana of Tokyo LLC, in the context of a dispute surrounding a breach of a trademark licence agreement that provided for arbitration of certain disputes, the US Court of Appeals for the Second Circuit has held that the district court’s aid of arbitration jurisdiction only extends to injunctions limited to maintaining the status quo between the parties. Read update

30 Jun 2015

Appeal court confirms Braun's victory against importer of fake 'Brown' goods

Albania - The Appellate Court of Tirana has rejected an appeal lodged by an Albanian importer of epilators bearing the mark BROWN and upheld the decision of the First Instance Court of Tirana in favour of Braun GmbH. The ruling clarifies the extent of Albanian Customs’ authority to inspect and detain goods suspected of infringing trademark rights. Read update

29 Jun 2015

ECJ broadly interprets notion of 'licence' under Directive 92/83/EEC

European Union - In Directeur général des douanes et droits indirects v Brasserie Bouquet SA, the European Court of Justice (ECJ) has considered the interpretation of Article 4(2) of Directive 92/83/EEC on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages. The ECJ concluded that Brasserie Bouquet was not a ‘small independent brewery’ benefiting from the reduced rate of excise duty since it was authorised to exploit a trademark and a production process belonging to a third party. Read update

29 Jun 2015

NOPALEA mark merely descriptive of product derived from nopal cactus

United States - In In Re TriVita Inc, the US Court of Appeals for the Federal Circuit has affirmed a decision of the TTAB finding that the trademark NOPALEA was descriptive of TriVita’s products, which contain juice from the nopal cactus. Among other things, the court held that there was no factual showing of non-descriptive use by TriVita. Read update

29 Jun 2015

Netflix case sets precedent for new domain name arbitration procedure

Indonesia - A dispute over the domain name ‘netflix.id’ has set a clear precedent for Indonesia's new domain name arbitration procedure. The arbitrator decided in favour of Netflix Inc, the US trademark owner, on the basis of its prior trademark registration, and ordered the domain name to be transferred to Netflix. Read update

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