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Revealed: how new domain registries are preparing to protect trademarks
It will take many long years before the trademark community ever starts to feel comfortable in the domain name world. The impending launch of infinite new gTLDs will only prolong this problem. But companies intending to apply to run new gTLD registries have told WTR that they are keen to offer rights protection mechanisms and will learn from the recent successful re-launch of the '.co' ccTLD.
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September 03 2010
OHIM governance overhaul could prompt political punch-up
The European Union is a rich political ecosystem for associations of trademark owners and users. At the centre: Alicante, where an elite group of supranational associations enjoy observer status on OHIM's Administrative Board (AB) and Budget Committee. With this status now under review, a shake-up could be imminent, with any decision of the incoming president certain to ruffle feathers
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September 03 2010
Is the tide turning in the controversy over what to do about counterfeits?
On Monday, UK brand owners and law enforcement officers raided a counterfeit market at a racecourse, seizing hundreds of fake goods. On Tuesday, they opened the newspaper to a report entitled "Fake goods are fine, says EU study". This is a somewhat stretchy interpretation of the research. But its author has nevertheless angered the IP community.
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September 02 2010
More updatesUpdates
Beanbag design registration held to be invalid
The Designs Registry has found that one of three registered designs for beanbags was invalid, even though the concept of the modular furniture was already in the public domain. The applications for declarations of invalidity of the other two designs failed because the overall impression of the designs was sufficiently different from that of the prior art.
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September 03 2010
European Union
Conditions for proving genuine use of mark reaffirmed
In Engelhorn KGaA v OHIM, the General Court has upheld a decision of the Fifth Board of Appeal finding that there was a likelihood of confusion between the marks PEERSTORM and PETER STORM for goods in Class 25. The decision highlights, among other things, that the rationale of the genuine use requirement is to restrict the possibilities of conflict between two marks, not to assess the commercial success of the mark owner.
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September 03 2010
India
Trademark owner fails to prevent use of mark as part of trade name
In Raymond Limited v Raymond Pharmaceuticals Private Limited, the Bombay High Court has rejected Raymond Limited's request for a permanent injunction preventing Raymond Pharmaceuticals Private Limited from using the registered trademark RAYMOND as part of its trade name. Among other things, the court found that there was no infringement under Section 29(5) of the Trademarks Act.
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September 03 2010
Israel
Supreme Court refuses to grant additional hearing in snack shape case
In General Mills Inc v Meshubach Food Industries Ltd, the Supreme Court has refused to reconsider an October 2009 ruling in which it had upheld a decision of the Tel Aviv District Court dismissing General Mills Inc's passing off and unjust enrichment claims against two local manufacturers of cone-shaped snacks.
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September 02 2010
European Union
OHIM introduces practice changes
OHIM is introducing some changes in practice on suspensions and extensions of time, as well as new guidelines on the presentation of evidence of proof of use in opposition proceedings. The changes, which will take effect on September 15 2010, are designed to produce a more efficient system.
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September 02 2010
United Kingdom
Court of Appeal confirms that cachet is not necessary for extended passing off
In Diageo North America Inc v Intercontinental Brands (ICB) Limited, the Court of Appeal has upheld a High Court decision in which the latter had held that the sale of a non-vodka product under the name Vodkat constituted extended passing off. The Court of Appeal rejected an argument that only products with a cachet are capable of protection under the tort of passing off.
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September 02 2010
