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Legal updates

27 Feb 2015

Advertising slogans for financial services held to lack distinctive character

European Union - In two decisions involving the same applicant, global investment management company Blackrock Inc, the General Court has upheld decisions of the First and Fourth Boards of Appeal of OHIM finding that the marks SO WHAT DO I DO WITH MY MONEY and INVESTING FOR A NEW WORLD lacked distinctive character for services in Classes 35 and 36. Read update

27 Feb 2015

Tribunal dismisses adidas' unfair trade practice complaint against Nike

India - In adidas India Marketing Pvt Ltd v Nike India Pvt Ltd, the Competition Appellate Tribunal has held that the sale by Nike India Pvt Ltd of T-shirts bearing the name of famous cricketer Sachin Tendulkar under a sponsorship contract with the Board of Control for Cricket in India did not amount to an unfair trade practice in relation to adidas India Marketing Pvt Ltd’s brand endorsement contract with Sachin. Read update

27 Feb 2015

FIPROLINE decision overturned by Court of Appeal

New Zealand - In Virbac SA v Merial, the Court of Appeal has overturned a High Court decision in which the latter had held that the mark FIPROLINE would be confused with the opponent's FRONTLINE mark for veterinary products. The Court of Appeal's decision addressed what many had seen as an unusual assessment made by the High Court as to whether the marks were likely to be confused with one another. Read update

26 Feb 2015

Inadmissibility plea based on extinction of rights by acquiescence may be made against famous marks

France - The Supreme Court has handed down a leading decision upholding the Paris Court of Appeal's ruling that a plea of inadmissibility based on the extinction of rights by acquiescence could be made against any holder of prior rights, not only holders of trademarks or signs used in the same field. It is the first time that the Supreme Court has had an occasion to make a determination on this issue. Read update

26 Feb 2015

Maritime and Commercial Court prohibits use of 'Samshop'

Denmark - In Samsonite IP Holdings Sàrl v Helm I/S, the Maritime and Commercial Court has prohibited Helm, a Samsonite dealer, from using the designations 'Samshop' and 'Samshop.dk' in connection with the sale of suitcases and bags. Although the court found that there was no violation of Samsonite's trademark rights, it held that Helm's actions violated Sections 1 and 18 of the Marketing Act. Read update

26 Feb 2015

Trademark Office refines criteria for registration of colour marks

Colombia - Recent decisions of the Trademark Office have determined and refined the criteria for the registration of colour marks in Colombia. In the latest decision, Nestlé obtained a registration for its green colour mark for cocoa-based preparations, as it was found that the colour green brought Nestlé’s MILO product to mind. Read update

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