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German brewers vow to fight on despite ECJ ruling
Bavarian brewers' federation Bayerischer Brauerbund has hailed today's European ruling in the long-running battle over use of the name Bavaria a "milestone" victory - although the result seems to go against the body. The dispute pitches BB's rights in a protected geographical indication against Dutch brewery Bavaria's rights in the BAVARIA mark.
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July 02 2009
gTLD trademark protection public consultation extended
Bowing to criticism that the public consultation on the protection of trademarks in the proposed expansion of the gTLD space was too short, ICANN will now accept comments up to July 6.
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July 01 2009
Unilever: recession has shifted relationship with external counsel
Speaking exclusively to WTR, Unilever's general trademark counsel has said that the economic crisis has permanently changed the relationship between in-house counsel and private practice.
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June 30 2009
More featuresFeatures
How to combat counterfeiting on a tighter budget
Brand owners are in need of practical anti-counterfeiting strategies that can help them cut costs and maximize efficiency in the recession. WTR speaks to some leading corporate counsel and anti-counterfeiting experts who already have the answers.
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June 30 2009
Quick off the MARQUES: new chair sets out his agenda
It is a challenging time for trademarks: a financial crisis is cutting into IP teams' budgets, legislative harmonization is increasingly strained and the expansion of the domain name system could expose trademark owners to countless infringements. WTR caught up with Guido Baumgartner, chair of MARQUES, to hear what the organization is doing on behalf of trademark owners.
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June 23 2009
Trademarks and tweets: brand protection on Twitter
With 6 million users each month, Twitter has soared into the internet big league. But a recent trademark infringement lawsuit filed against the social networking phenomenon has got brand owners talking (or, if you will, tweeting). WTR investigates whether Twitter poses a threat to IP rights and how brand owners should react to suspected infringement.
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June 16 2009
More updatesUpdates
Exclusive jurisdiction of civil courts over IP cases confirmed
In Andros France SNC v Lactalis Nestlé Ultra Frais Marques SA, the Paris Court of First Instance has confirmed that it has exclusive jurisdiction over IP cases. This represents an extension of the classical interpretation of the jurisdiction rules, which usually apply when the case is based only on trademark law.
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July 02 2009
United Kingdom
Divergent approaches render action unsuitable for summary judgment
In Daimler AG v Sany Group Co Ltd, the High Court has dismissed Daimler AG's application for summary judgment in a dispute over the use of a three-pointed device. The case highlights the divergent approaches taken by the UK Intellectual Property Office and OHIM to class headings.
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July 02 2009
United States
Unfixed design not ripe for declaratory judgment, says Fifth Circuit
In Vantage Trailers Inc v Beall Corp, the US Court of Appeals for the Fifth Circuit has affirmed the district court's dismissal of the case for lack of subject matter jurisdiction on the grounds that the declaratory judgment plaintiff did not have a substantially fixed and definite product design when it filed the action.
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July 02 2009
China
Punitive damages for IP infringement recognized for the first time
The Supreme People’s Court has, for the first time, recognized a form of punitive damages for IP rights infringement. Under Article 5 of the Opinion on the Implementation of the National IP Strategy, the Chinese courts may raise compensation awards for the purposes of deterring infringement and lowering the costs of IP enforcement in certain cases.
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July 01 2009
Colombia
Application rejected in disregard of Council of State's resolution
The Colombian Trademark Office has rejected M Zanetti Industries Inc's application for the registration of SEGAFREDO ZANETTI EXPRESSO on the grounds that it was confusingly similar to the trademark SEGRAFREDO ZANETTI, which is owned by another company of the group. The decision disregards an earlier resolution of the Council of State, the country's highest administrative court.
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July 01 2009
Bosnia and Herzegovina
Draft Trademark Law submitted to public discussion
A public discussion on the draft Trademark Law has been held in Bosnia and Herzegovina's capital, Sarajevo. Among other things, the draft law abolishes the substantive examination of trademark applications and introduces opposition procedures. The draft law aims to incorporate the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights and other relevant EU legislation.
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July 01 2009
