DLA Piper 2015

Legal updates

17 Apr 2015

John Deere asserts rights over green and yellow colour combination

India - Agricultural equipment giant John Deere has obtained an injunction preventing the defendants from, among other things, using a combination of the colours green and yellow for farm equipment. The court recognised that, under the Trademarks Act, colours or colour combinations can become trademarks if they are distinctive and exclusively associated with a particular trader. Read update

17 Apr 2015

Mali's '.ml' to target Malaysian internet users

International - The Malian domain name registry has decided to present ‘.ml’ as the new TLD for Malaysia. It has started to advertise ‘.ml’ as the alternative to ‘.my’, the official Malaysian ccTLD, and is promoting ‘.ml’ domain names as easy and quick to register by anyone, free of charge and without any paperwork, contrary to ‘.my’ domain names. In response, the Malaysian registry stated that ‘.my’ is "the one and only ccTLD representing Malaysia". Read update

17 Apr 2015

Consumer Agency orders cancellation of '.is' domain name

Iceland - The Consumer Agency has ordered the owners of 'kexhotel.is' to cease using the domain name and to cancel their registration. According to the agency, it must have been evident to the owners of 'kexhotel.is' that use of the domain name could violate Kex Hostel’s exclusive rights in its company name and in the domain name 'kexhostel.is'. Read update

16 Apr 2015

WIPO decision clarifies how concept of 'bait and switch' may be interpreted

International - In a recent decision issued by WIPO under the Dispute Resolution Regulations for ‘.nl’ Domain Names, Xtralis Technologies Limited, the owner of the XTRALIS mark, has been denied the transfer of the domain name ‘xtralis.nl’. The decision is interesting in that it shines a light on how a panel may interpret the concept of ‘bait and switch’ referred to in the Oki Data case. Read update

16 Apr 2015

SMART ONES and SMART BALANCE not confusingly similar in light of peaceful co-existence

United States - In ProMark Brands Inc v GFA Brands Inc, in a precedential ruling, the TTAB has held that the differences between the marks SMART BALANCE and SMART ONES for frozen foods, the survey results provided by the parties and, notably, the uncontested long history of peaceful co-existence of the marks outweighed any inference of likelihood of confusion raised by the similarity of the goods and channels of trade. Read update

16 Apr 2015

Fair Trade Act no longer protects registered trademarks

Taiwan - Following revisions effective as of February 6 2015, the Fair Trade Act no longer protects trademarks duly registered in Taiwan under the Trademark Act, but will grant protection only to famous trademarks or trade dress not registered in the country. Previously, famous trademarks - whether or not registered in Taiwan - could be protected under the Fair Trade Act. Read update


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