IP Service World 2014
IPBC Asia 2014

Legal updates

20 Oct 2014

General Court interprets list of goods based on IP TRANSLATOR

European Union - In Scooters India Ltd v OHIM, the General court has annulated two decisions of the First Board of Appeal of OHIM in two cases involving the trademark LAMBRETTA. Among other things, the court had to decide whether use of a trademark for goods that were not specifically mentioned in the list of goods, but fell within this class, could be considered sufficient to fulfil the use requirement. Read update

20 Oct 2014

The new gTLD aftermarket has arrived

International - While ICANN's new gTLD programme would appear to be a success, the volume of registrations across those gTLDs that are now operational has fallen below expectations. As a result, some new gTLD registry owners are seeking to sell their gTLD registries, with reports of the first sales of operational gTLD registries being scheduled for this month. Read update

20 Oct 2014

Appeals Court discusses nature of franchise agreements

Puerto Rico - In Díaz v Pérez, which concerned an employment claim against the Bayamón Cowboys basketball team, the team manager and the Basketball League, the Appeals Court of Puerto Rico has discussed the nature of franchise agreements. Among other things, the court held that a franchisee benefits from the use of a known trademark while retaining independence and, at the same time, receiving assistance and training from the franchisor. Read update

17 Oct 2014

OHIM held to have acted in breach of duty to provide statement of reasons

European Union - In Alma-The Soul of Italian Wine LLLP v OHIM, the General Court has annulled a decision of the Second Board of Appeal of OHIM on the ground that the latter had acted in breach of its duty to provide a statement of reasons. Although the court recognised that the board's reasoning may be implicit, in this case the board's decision did not show, even implicitly, that the board had analysed certain evidence in order to respond to the applicant’s arguments. Read update

17 Oct 2014

False origin claims applicable to services as well as goods

United States - In M Arthur Gensler Jr & Associates Inc v Strabala, clarifying prior Lanham Act case law related to false designation of origin, the US Court of Appeals for the Seventh Circuit has vacated a district court’s dismissal under Rule 12(b)(6), holding that §43(a) of the Lanham Act can reach claims alleging false designation as to the origin of services as well as goods. Read update

17 Oct 2014

Supreme Court considers registrability of descriptive terms

Venezuela - The Supreme Court has dismissed an action filed by CDS TELECOM CA against CANTV in relation to the alleged infringement of CDS’ rights in the mark LISTO (meaning 'ready' English). Among other things, the court found that there was no graphic, visual, phonetic and conceptual similarity between the marks LISTO and CANTV LISTO and that, in any case, LISTO should not have been registered as a trademark in the first place. Read update


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