Legal updates

22 May 2015

easyGroup successful on appeal in 'airtours' case

European Union - In easyGroup IP Licensing Ltd v OHIM, the General Court has annulled a decision of the First Board of Appeal of OHIM in which the latter had found that there was a likelihood of confusion between easyGroup’s figurative mark EASYAIR-TOURS and TUI AG’s earlier figurative mark AIRTOURS TICKET FACTORY. Among other things, the court held that the board had erred in finding that 'Air-tours' was the dominant element in easyGroup’s mark. Read update

22 May 2015

Important news for mark owners doing business in Quebec: appeal dismissed on signage issue

Canada - The Quebec Court of Appeal has dismissed - from the bench - the Quebec government’s appeal against a lower court decision that rejected the position taken by the Office québécois de la langue française on non-French public signage. The lower court had decided that non-French trademarks on store-front signage do not need to be accompanied by a French descriptor of the nature of the business to comply with the Charter of the French Language. Read update

22 May 2015

New gTLDs hit 5 million

International - There are now approximately 5,200,000 registered domain names under the new gTLDs spread across 597 delegated new gTLDs, which works out at an average of 8,710 domain names per gTLD registry. While this is not a phenomenal level of growth across the new gTLD name space, it is clearly an upward trend in domain name registrations. Read update

21 May 2015

OHIM held to have infringed the rights of the defence

European Union - In Lidl Sitftung & Co KG v OHIM, the General Court has annulled a decision of the Second Board of Appeal of OHIM, stating that the latter’s failure to communicate to applicant Lidl evidence of the renewal of the marks on which the opposition was based infringed the rights of the defence. Read update

21 May 2015

Employer vicariously liable for passing off through domain name registrations

United Kingdom - In Vertical Leisure Limited v Poleplus Limited, the Intellectual Property Enterprise Court has found an employer to be vicariously liable for passing off arising from its employee’s registration of a number of domains which infringed the IP rights of the claimant. It held that registering the domain names was the kind of act the employee was employed to do and, in doing so, he was furthering his employer’s interest rather than his own. Read update

21 May 2015

auDA seeks public comment on allowing domain name registrations directly under ‘.au’

Australia - The Names Policy Panel, established by the Australian domain name registry, has released a first Issues Paper considering and seeking public comment on the idea of allowing domain name registrations directly under ‘.au’. Among other things, the paper notes that the recent arrival of more than 500 new gTLDs, with more to follow, has created unprecedented competition for ‘.au’ domain names. Read update


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