Thompson Compumark 2016

Legal updates

27 May 2016

Timing of the mark-fame inquiry under US dilution statute

United States - The federal Lanham Act protects the distinctiveness of a famous mark against likely dilution, but the statute’s protection is available only against a defendant which began using the mark after the plaintiff’s mark had become famous. A hard line has historically been given towards this requirement, but this was taken one step further in Omega SA (Omega AG) (Omega Ltd) v Alpha Phi Omega. Read update

27 May 2016

New regulation on customs enforcement enters into force in Albania

Albania - A new regulation on customs enforcement of IP rights, modelled after EU Regulation 608/2013, entered into force in Albania on January 12 2016. Read update

26 May 2016

Dominican Republic certifies more products with PDOs

Dominican Republic - The National Office of Industrial Property has certified an increasing number of Dominican products with a protected denomination of origin. Read update

26 May 2016

No confusion or false advertising in online cigarette aisle

United States - In VMR Products LLC (VMR) v V2H ApS, VMR sued V2H and V2 Tobacco for trademark infringement pursuant and false advertising based on the sales and advertising of their product ‘snus’. Read update

25 May 2016

Successful trademark infringement claim without physical evidence

Australia - In Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd the Full Federal Court found in favour of Aristocrat. It held that Global’s counterfeit goods had infringed Aristocrat’s trademark – despite Aristocrat being unable to produce the infringing gaming machines in court for inspection. Read update

25 May 2016

Infringers ignore permanent injunction orders at their peril

United States - An order providing sweeping post-injunctive relief to a non-profit fraternal organisation serves as a cautionary tale for infringers who fail to take permanent injunction orders seriously. Read update


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Issue 61