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Legal updates

05 Dec 2016

The additional threshold on distinctive character

European Union - The EU General Court has upheld a decision by the EUIPO First Board of Appeal that found two marks belonging to Caffè Nero lacked distinctive character for some of the goods in Classes 30 and 35, including coffee and coffee expresso beverages, on the grounds of deception. Read update

05 Dec 2016

Litigation that racks up the miles

Canada - A seemingly straightforward claim of likelihood of confusion between ASIA MILES and AIR MILES took a circuitous route through the Federal Court, ending with the application for ASIA MILES being refused. Read update

02 Dec 2016

Likelihood of confusion between CLOVER CANYON and CANYON

European Union - In a dispute dating back to 2012, the EU General Court has rendered its decision in the opposition proceedings between California-based Clover Canyon and German company Kaipa Sportswear regarding an international trademark application for CLOVER CANYON designating the European Union. Read update

02 Dec 2016

California Heritage Protection Act

United States - California has adopted a new law that prohibits state parks from granting trademark or service mark rights in park names or names associated with historical, cultural or recreational resources to any businesses operating within the parks. From next year, any contract that violates this provision will be deemed unenforceable under California law. Read update

01 Dec 2016

Battle of the masters

New Zealand - Two organisations with substantial reputations recently came head to head in a trademark battle in World Masters Games 2017 Limited v MasterCard International Incorporated. The decision indicated that all parties to proceedings needed to “tidy up their respective acts” as poor pleading and irrelevant evidence would be dealt with rigorously. Read update

01 Dec 2016

Section 45 clears register of deadwood

Canada - Following the appeal of a registrar's decision, the Federal Court has restored the intention of Section 45 proceedings by stating that these are intended to be summary in nature as a means to clear deadwood from the register, not an opportunity for evidentiary overkill. Read update

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Issue 64