Thompson Compumark 2016

Legal updates

05 Feb 2016

Trademark owners benefit from new Civil Procedure Rules

Greece - The new Civil Procedure Rules have significantly expedited trademark infringement proceedings by setting stricter, more clearly defined timeframes; reducing the number of cases in which witnesses are heard in court; and restricting the opportunity to obtain postponements without genuinely good cause. Read update

05 Feb 2016

Parody trumps confusion and dilution – again

United States - My Other Bag, Inc has successfully invoked the parody defence in a claim for federal dilution, federal and state trademark infringement and copyright infringement brought against it by Louis Vuitton. The court concluded that in some cases it is better to accept the implied compliment in a parody and to smile or laugh than it is to sue. Read update

03 Feb 2016

Constitutional Court denies possibility of identical trademark coexistence

Turkey - The Ankara Third Civil IP Court has claimed that the principle of ‘one owner per trademark’ oversteps its purpose and the definition of ‘identically similar’ in Article 7/1(b) should constitute relative grounds for refusal, as stated in Article 8/1(b). The court further claimed that the TPI has only a subjective view of trademarks in terms of their appearance to consumers. Read update

03 Feb 2016

Anton Piller orders: non-detonating dynamite fishing expeditions

South Africa - An Anton Piller order is a powerful tool within the arsenal of IP litigants, but one that is by nature open to abuse. A recent Supreme Court of Appeal decision outlined the level of specificity with which the plaintiff must describe the evidence sought when applying for such an order. Read update

04 Feb 2016

Registrant’s pay-per-click domain is bad faith

Canada - In a recent domain name dispute the panel found that the registrant had intentionally attempted to attract, for commercial gain, internet users to an online location by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation or endorsement of the registrant's website, which was evidence of bad faith. Read update

04 Feb 2016

Purely functional change of existing product design does not meet novelty requirement

Israel - In a recent decision the Haifa District Court dismissed a claim of design infringement absent novelty and originality of a profile design and cancelled the design. Read update


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Issue 59