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    More blogsRecent blogs

    Study reveals new gTLD usage patterns, but treat figures with caution

    New research from Verisign has revealed that only 3% of the second-level domains registered in new gTLDs contain business websites, with pay-per-click usage dwarfing that level. However, there are some caveats to consider. Read blog
    August 14 2014

    Assumptions in recent trademark studies slammed

    New research has laid into the assumptions used in recent studies evidencing the positive economic impact of intellectual property. The paper, carried out by Eli Dourado and Ian Robinson of the Mercatus Center at George Mason University, is specifically critical of US research projects that it feels make a “substantial leap from the fact that IP exists within a particular industry to the conclusion that job creation and employment in that industry hinge on strong IP protections”. Read blog
    August 11 2014

    Holograms in 2014: A mixed response on the future of holography

    With new innovations emerging in anti-counterfeiting and authentication, especially surrounding security methods being developed to combat the counterfeit threat of 3D printing, a natural question to ask is where this leaves the humble hologram. We talk to commentators about the future of holography. Read blog
    August 11 2014

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    European Union

    General Court: Board of Appeal not 'too demanding' with regard to proof of use

    In Nanu-Nana Joachim Hoepp GmbH & Co KG v OHIM, the General Court has considered how to assess the evidential value of sworn statements for the purposes of furnishing proof of genuine use of a CTM. Among other things, the court held that the Board of Appeal had not been “too demanding” in its assessment of the veracity and credibility of the evidence submitted. Full text
    August 01 2014


    Athens IP Court recognises that 'Vara' shoe buckle is famous trademark

    The Athens IP Court has held that the 'Vara' shoe buckle, which has been closely associated with shoe designer Salvatore Ferragamo for more than 30 years, has become a famous trademark in Greece. Although there had been no instances of consumer confusion in this case, the court held that the defendant had enjoyed gains deriving from the unfair exploitation of the fame, repute and distinctive character of the 'Vara' buckle. Full text
    August 01 2014


    Bombay High Court restrains defendant from using metatags similar to plaintiff's mark

    In People Interactive (I) Pvt Ltd v Gaurav Jerry, the Bombay High Court has issued an ex parte ad interim order restraining the first defendant from using the mark SHAADIHISHAADI.COM, including as part of a domain name or in metatags, on the ground that such use infringed the plaintiff’s mark SHAADI.COM. The court also directed defendant GoDaddy to cancel the first defendant's registration for the corresponding domain name. Full text
    August 01 2014


    Federal Supreme Court considers standards of distinctiveness and descriptiveness

    The Federal Supreme Court has confirmed a decision of the Federal Patent Court in which the latter had invalidated the German part of the international trademark HOT. Among other things, the court stated that, when a trademark has several meanings, all of which are descriptive of the registered goods, the interpretative effort resulting from these different meanings is not, as such, sufficient to give the mark distinctive character. Full text
    July 31 2014


    Philip Morris loses 'activate' appeal against Japan Tobacco

    In Philip Morris Products SA v Japan Tobacco Inc, in proceedings between two rival applications, the district court has upheld the registrar’s decision to proceed with the examination of Japan Tobacco’s ACTIVATE FRESHNESS mark for cigarettes, and to refuse Philip Morris' application for a mark containing the words 'activate' and 'fresh'. Among other things, the court held that Philip Morris had failed to show that it had chosen its mark in good faith. Full text
    July 31 2014


    Court considers distinctiveness of compound noun

    In Gagnaeyðing Ltd v Pétur Axel Valgeirsson, the Norðurland eystra District Court has considered whether the defendant’s use of the name Gagnaeyðing Norðurlands infringed the plaintiff’s rights in the mark GAGNAEYÐING ('gagn' means ‘data’, while 'eyðing' means ‘destruction’). Among other things, the court found that the word 'gagnaeyðing' had acquired distinctiveness through use over a period of 20 years. Full text
    July 31 2014



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