IP Service World 2014
IPBC Asia 2014

Legal updates

23 Oct 2014

Court of Appeal finds genuine use of Specsavers logo in final instalment of Specsavers v Asda

United Kingdom - In Specsavers International Healthcare Ltd v Asda Stores Ltd, the Court of Appeal has ruled that Specsavers' wordless Community trademark should not be revoked for non-use. The decision shows that extensive use of a composite logo with words can constitute genuine use of a wordless registered trademark, if there is convincing evidence to this effect. Read update

23 Oct 2014

High Court recommends that government implement plain packaging for cigarettes

India - In Love Care Foundation v Union of India, the Allahabad High Court, following a writ petition filed by Love Care Foundation, has observed that plain packaging for cigarettes and other tobacco products would help reduce the attractiveness of such products. The court strongly recommended that the government of India consider the feasibility of implementing plain packaging for cigarettes and take the necessary steps at the earliest opportunity. Read update

23 Oct 2014

Supreme Court reaffirms strong protection of Red Cross emblem

Switzerland - The Supreme Court has upheld a decision of the Commercial Court of the Canton of Berne in which the latter had cancelled the registration for a logo that was similar to the Red Cross emblem. The decision confirms that, in principle, it is impossible to use or register a cross-shaped sign in a red (or similar) colour in any class. Read update

22 Oct 2014

General Court expands notion of 'complex product'

European Union - In Cezar v OHIM, the General Court has annulled a decision of the Third Board of Appeal of OHIM in which the latter had found that a RCD representing an insert for skirting boards was invalid based on a lack of novelty and individual character. Among other things, the court held that an application for invalidity cannot be based on an earlier design which, as a component part of a complex product, is not visible during normal use of that product. Read update

22 Oct 2014

ICANN: next round of new gTLDs in 2018?

International - ICANN has published a report titled "New gTLD Program Reviews and Assessments", which outlines the steps ICANN intends to take as part of its review and assessment of the first round of new gTLD applications. The report also indicates that the next round of new gTLD applications is not likely to take place until mid-2018 at the earliest. Read update

22 Oct 2014

adidas' three-stripe mark infringed despite lack of likelihood of confusion

Israel - In adidas AG v Batash, the Tel Aviv District Court has held that the defendant had infringed adidas AG’s registered three-stripe marks for clothing by using three parallel stripes on sports apparel, even in the absence of a likelihood of confusion, as the marks used by the defendant were virtually identical to adidas' registered marks. However, the court dismissed adidas’ claims of passing off and dilution. Read update


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