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    More blogsRecent blogs

    Issue 49 of World Trademark Review out now

    The latest issue of World Trademark Review is now available online to subscribers. The cover story presents exclusive analysis of the Global Benchmarking Survey, which found that, while budget levels are improving for some trademark teams, for the majority the situation remains straitened, with one-fifth of respondents expecting further cuts over the next 12 months. Read blog
    April 23 2014


    WTR Industry Awards 2014: the shortlisted trademark teams and individuals revealed

    World Trademark Review is pleased to announce the shortlist for the 2014 WTR Industry Awards. Amongst the in-house teams featured on the shortlist are those from Amazon.com, Apple, BMW, Campbell Soup Company, China Mobile, GlaxoSmithKline, Google, Lego, Pepsico, Rovio Entertainment, Unify and Zippo Manufacturing Company. Read blog
    April 23 2014


    Online enforcement strategies largely unchanged as gTLDs roll-out continues

    While new gTLD domain registrations have surpassed the half a million mark, less than a quarter of corporate trademark counsel have made changes to their online enforcement strategies in reaction to the gTLD expansion, according to World Trademark Review’s annual Global Benchmarking Survey. Read blog
    April 22 2014

    More updatesUpdates

    United Kingdom

    High Court cracks down on costs in boxing trademark dispute

    In the latest round of the dispute over the QUEENSBERRY mark, the High Court has found that the use of the defendants’ QUEENSBERRY device mark on the majority of their sports equipment infringed Boxing Brands Ltd’s prior marks. The court also refused to order an inquiry on the cross-undertaking given by Boxing Brands, as it did not accept that the defendants ever intended to sell the non-infringing items as a stand-alone range. Full text
    April 23 2014


    India

    New twist in Samsung parallel imports case as APAA and INTA offer conflicting views

    The case of Samsung v Kapil Wadhwa, which is pending before the Supreme Court, will decide whether the Indian trademark law provides for the national or international exhaustion of trademark rights. Last year INTA had filed an application to intervene in this case, arguing that national exhaustion is the correct position. APAA has now filed its own application to intervene, which strongly supports the principle of international exhaustion. Full text
    April 23 2014


    South Korea

    Supreme Court decision provides new tool against trademark infringers

    The Supreme Court has recognised for the first time the existence of a presumption of negligence on the part of infringers in cases of trademark infringement, thereby making it easier for plaintiffs to recover damages for infringement. Among other things, the court held that trademark registrations are public and that knowledge thereof is available to any person exercising ordinary care. Full text
    April 23 2014


    European Union

    No likelihood of confusion between marks for raw materials and finished products

    In EI du Pont de Nemours and Company v OHIM, the General Court has upheld a decision of the Second Board of Appeal of OHIM finding that there was no likelihood of confusion between the figurative mark ZYTEL and earlier ZYTEL marks. Among other things, the court noted that raw materials subject to a transformation process are essentially different from the finished products which incorporate, or are covered by, those raw materials. Full text
    April 22 2014


    Canada

    Retailers and INTA prevail in Québec's French Charter proceeding

    The Québec Superior Court has issued its long-awaited decision in the matter of the interpretation of Québec’s Charter of the French language and its interplay with trademarks. The court confirmed that businesses can continue to use their registered trademarks on public signs outside their premises in the Province of Québec without the need to add French generic language. Full text
    April 22 2014


    Romania

    Member of Danone group obtains cancellation of local company's mark

    Nutricia International BV, part of the Danone group, has obtained a second positive final decision in a cancellation action brought against a local producer of milk and milk products, SC Avi Seb Impex SRL. The Bucharest Court of Appeal ordered the cancellation of Avi’s MILAPO device mark on the ground, among others, that it was confusingly similar to Nutricia’s earlier MILUPA marks. Full text
    April 22 2014

     

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