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Legal updates

25 Jul 2016

Bombay High Court: 'Ultra' not distinctive and cannot be monopolised

India - The Bombay High Court has rejected Ultratech’s interim application in a suit for trademark infringement and passing off and held that the term ‘Ultra’ is not distinctive and cannot be monopolised. Read update

25 Jul 2016

Scope of undesirable company names extended to registered trademarks

Kenya - A company may not be registered by a name which the registrar believes is offensive, undesirable or contrary to the public interest. Under the Companies Act, the existence of a registered trademark now constitutes grounds for refusal on this basis. Read update

22 Jul 2016

ECJ issues ruling on registration renewals

European Union - In a recent decision the European Court of Justice stated that the EU Intellectual Property Office is not obliged to register a renewal before the end of the grace period. This is not a good sign. Read update

22 Jul 2016

Joint circular causes concern over cybersquatting

Vietnam - A new joint ministerial circular will help the application of coercive measures against domain name infringers. However, it is unclear whether the remedies are available in cases of cybersquatting. Read update

21 Jul 2016

Nothing is impossible for the UDRP

International - In a recent UDRP decision, a three-member panel refused to order the transfer of a domain name because the complainant failed to prove that the respondent had no rights or legitimate interests in the domain name. Read update

21 Jul 2016

Trademark battle continues on WILD GEESE chase

Australia - A recent appeal decision clarifies what constitutes ‘control’ in determining whether use of a trademark by a licensee is ‘authorised use’. It is the latest in the ongoing battle concerning the WILD GEESE trademarks. Read update

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Issue 62