Legal updates

23 Nov 2017

New TPTO guidelines on proof of use

Turkey - The new Turkish Industrial Property Law entered into force in January 2017. It introduced guidelines for providing proof of use in oppositions, providing that where an opposition is based on similarity claims and where a trademark has allegedly been registered for more than five years, an applicant can demand that an opponent provide proof of use of the trademark or give good reason for non-use. Read update

23 Nov 2017

UDRP shields brand from cybersquatting under '.reviews'

International - In a recent decision under the Uniform Domain Name Dispute Resolution Policy a US home warranty company has obtained the transfer of a domain name identically reproducing its trademark under the '.reviews' new generic top-level domain. The panel found that it was not being used for a genuine, non-commercial criticism website, but rather was merely a pretext for cybersquatting. Read update

22 Nov 2017

Changes to powers of attorney in Saudi Arabia

Saudi Arabia - Saudi Arabia has issued a judicial announcement in which it stated that powers of attorney provided to legal advisers and IP representatives will be considered valid for five years only from the date of issuance. This will be the case for all powers of attorney, unless there is an earlier end date mentioned in the power of attorney or it is revoked in the interim. Rights holders with an interest in Saudi Arabia should take steps to review any existing powers of attorney held by Saudi representatives. Read update

22 Nov 2017

Unexpected termination of a licence agreement proves costly

United States - The District Court for the Southern District of Florida has entered a stipulated judgment for $1.5 million against an ex-licensee of the TECHNOMARINE trademark for federal trademark infringement and unfair competition. TM Brands established that Casa Dimitri’s rights to the TECHNOMARINE mark were dependent on the terminated licence agreement and therefore Casa Dimitri no longer had any right to use the mark. Read update

21 Nov 2017

A prickly case – ECJ upholds opposition against CACTUS mark

European Union - The EU Intellectual Property Office has appealed a decision concerning two opposing marks containing the word 'cactus', based on a likelihood of confusion. The European Court of Justice considered whether a previous case regarding specificity of goods and services covered by trademark applications applied retrospectively, and whether use of the device aspect of an earlier mark alone could constitute genuine use of the earlier mark and thus fall within the regulation. Read update

21 Nov 2017

Glove manufacturer gets burned in US design patent damages case

United States - A California jury has held that Seirus infringed Columbia Sportswear’s design patent and utility patent, both relating to heat-reflective materials. In the first case on the matter since Samsung v Apple, in which the Supreme Court held that an “article of manufacture” may be a single component instead of the entire end product, the jury awarded Columbia the entire amount of Seirus’ profits on the product. Read update

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Issue 70