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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
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
WTR survey to reveal corporate strategy on new gTLDs
WTR has launched a survey to find out exactly how brand owners are preparing for the introduction of new gTLDs. Our coverage of this topic has often acted as a lightning rod for the opinions of outspoken brand owners and internet experts: this survey will build on this by collecting responses from the widest base consulted so far on this topic. The research is supported by INTA, MARQUES, ECTA, CSC, CT Corsearch, NetNames, Com Laude and several associations of marketing professionals.
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August 31 2010
More updatesUpdates
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
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
United States
ITC held to have erred in 'all or substantially all' analysis
The US Court of Appeals for the Federal Circuit has vacated a remand determination by the International Trade Commission, finding that the latter had incorrectly applied the 'all or substantially all' test, which prohibits a trademark owner from seeking any remedy for trademark infringement unless “all or substantially all” of the goods sold by the owner in the United States are an identifiable US version.
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September 01 2010
European Union
Anheuser-Busch loses BUDWEISER appeal
The ECJ has dismissed Anheuser-Busch Inc's appeal in the latest episode of the battle between Anheuser and Budejovický Budvar národní podnik over the BUDWEISER mark. The ECJ found that, at the time Budvar filed its opposition, there was no requirement for opponents to submit evidence indicating that national marks forming the basis of an opposition had been renewed.
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September 01 2010
Russia
Sunrise period for '.pф' domain names to end mid-September
The sunrise period for the registration of '.pф' domain names is due to end on September 16 2010. Following a priority reservation period for government authorities and, subsequently, trademark owners whose marks contained Cyrillic characters, registration became available to all trademark owners on May 12 2010.
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September 01 2010
