IP Service World 2014
IPBC Asia 2014

Legal updates

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

21 Oct 2014

Supreme People's Court issues rules on online infringement of personal rights

China - China’s Supreme People’s Court has issued a new judicial interpretation regarding online infringement of personal rights. This judicial interpretation is intended to deal with the increasing problem of online defamation and unfair competition activities in China. The personal rights referred to in the judicial interpretation include the rights of honour, portrait and privacy. Read update

21 Oct 2014

Philips' electric toothbrush base assembly design held to lack acquired distinctiveness

United States - In In re Koninklijke Philips Electronics NV, in a precedential decision, the TTAB has affirmed the refusal to register a mark consisting of the base assembly of an electric toothbrush. Among other things, the TTAB held that “mere figures demonstrating successful product sales are not probative of purchaser recognition of a configuration as an indication of source”. Read update

21 Oct 2014

Bombay High Court grants injunction based on family of marks

India - In Neon Laboratories Ltd v Themis Medicare Ltd, the Bombay High Court has restrained pharmaceutical companies Themis and Ciron from using their XYLOX marks based on Neon Laboratories’ family of LOX marks. The decision is significant in that a three-letter mark for pharmaceutical products was found to be distinctive of a particular company. Read update


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