NPE 2015

Legal updates

29 Jan 2015

Monaco government fails to register MONACO for range of goods and services

European Union - In Marques de l’État de Monaco v OHIM, the General Court has upheld OHIM’s refusal of an application by the government of Monaco to register the word mark MONACO for a range of goods and services, including printed matter, transportation services and entertainment services. Among other things, the court found that the mark would be perceived by the relevant consumer as conveying information, rather than as a badge of origin. Read update

29 Jan 2015

Landmark decision puts the freeze on copying ice cream shop's trade dress

South Korea - In the first ruling of its kind, the Seoul Central District Court has recognised that a shop's general appearance and decorative elements can be protectable trade dress under the Unfair Competition Prevention and Trade Secrets Act. The operator of a dessert café chain had sued the franchisor of a similar chain for unfair competition on the basis that the latter was copying the plaintiff’s signature dessert and the unique appearance of its cafés. Read update

29 Jan 2015

ABSENTA BAR mark declared valid after challenge by previous Absenta Bar owner

Spain - Section 15 of the Barcelona Court of Appeal has upheld the validity of the trademark ABSENTA BAR for services in Class 43, which had been challenged by the owner of a local traditional business called Absenta Bar. Among other things, the court held that, as neither the bar's previous owners nor the current owner had been sufficiently diligent to register the sign as a trademark, the rights of the trademark owner prevailed. Read update

28 Jan 2015

Bottle shape held to lack distinctive character

European Union - In Research and Production Company “Melt Water” UAB v OHIM, the General Court has upheld a decision of the Fifth Board of Appeal of OHIM finding that a 3D mark consisting of the shape of a bottle was devoid of distinctive character for Class 32 goods. Among other things, the court held that the hexagonal shape of the upper part of the bottle was not sufficiently unusual to distinguish it from other bottles. Read update

28 Jan 2015

MakeMyTrip obtains injunction against MakeMyTours

India - In Make My Trip (India) Pvt Ltd v Make My Tours Pvt Ltd, the Delhi High Court has issued an injunction restraining MakeMyTours from infringing MakeMyTrip's marks, and from passing off or attempting to pass off its business, products or services as those of MakeMyTrip. The court found that MakeMyTours was using word and logo marks that were virtually identical to those used by MakeMyTrip for identical services. Read update

28 Jan 2015

Transitory Criminal Court Specialised in IP Crimes reactivated

Peru - A Transitory Criminal Court Specialised in Intellectual Property Crimes has been reactivated, due to the quantity of criminal cases originating from IP prosecutors' offices. The court, which will be operating until June 30 2015, will resolve customs and IP enforcement matters, as well as infringement cases. Read update


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