IP Service World 2014
IPBC Asia 2014

Legal updates

24 Oct 2014

Nationstar Mortgage v Ahmad: fraud on the USPTO is alive again

United States - In 2009 the US Court of Appeals for the Federal Circuit significantly restrained the ability to attack a trademark application or registration on the basis of fraud. For the first time since that decision, the TTAB, in Nationstar Mortgage v Ahmad, has sustained a claim of fraud and clarified the standard of proof for such claims. Read update

24 Oct 2014

Nestlé fails to prevent registration of Unilever's 'random' mark

Ireland - In Unilever Plc v Société Des Produits Nestlé SA, the hearing officer has dismissed Nestlé’s opposition against the registration of Unilever’s mark RANDOM ACTS OF HAPPINESS. The hearing officer found that there was no likelihood of confusion between the mark applied for and Nestlé’s marks RANDOMS and LET YOUR RANDOM SIDE OUT. Read update

24 Oct 2014

Supreme Court rules on destruction and storage costs in customs cases

Slovenia - The Supreme Court has issued an important decision in a case involving the detention of a large shipment of counterfeit cosmetic products bearing the mark of a well-known multinational consumer goods company, in transit through Slovenia to another EU member state. The decision addressed the issue of whether it was possible to claim storage and destruction costs from infringers. Read update

23 Oct 2014

Court of Appeal finds genuine use of Specsavers logo in final instalment of Specsavers v Asda

United Kingdom - In Specsavers International Healthcare Ltd v Asda Stores Ltd, the Court of Appeal has ruled that Specsavers' wordless Community trademark should not be revoked for non-use. The decision shows that extensive use of a composite logo with words can constitute genuine use of a wordless registered trademark, if there is convincing evidence to this effect. Read update

23 Oct 2014

High Court recommends that government implement plain packaging for cigarettes

India - In Love Care Foundation v Union of India, the Allahabad High Court, following a writ petition filed by Love Care Foundation, has observed that plain packaging for cigarettes and other tobacco products would help reduce the attractiveness of such products. The court strongly recommended that the government of India consider the feasibility of implementing plain packaging for cigarettes and take the necessary steps at the earliest opportunity. Read update

23 Oct 2014

Supreme Court reaffirms strong protection of Red Cross emblem

Switzerland - The Supreme Court has upheld a decision of the Commercial Court of the Canton of Berne in which the latter had cancelled the registration for a logo that was similar to the Red Cross emblem. The decision confirms that, in principle, it is impossible to use or register a cross-shaped sign in a red (or similar) colour in any class. Read update


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