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Legal updates

03 Jul 2015

Supreme Court of Appeal considers standard for registrations in bad faith

South Africa - In Etraction v Tyrecor, the Supreme Court of Appeal has examined the issues of vested rights, use in relation to registered goods and use in good faith. Among other things, the court found that Tyrecor had vested rights in the trademark INFINITY in relation to tires, and allowed Tyrecor’s counterclaim for the partial expungement of Etraction’s INFINITY mark. Read update

03 Jul 2015

Constitutional Court abolishes Article 7/1-i of Decree Law No 556

Turkey - The Constitutional Court has abolished Article 7/1-i of Decree-Law No 556 on the ground that it was unconstitutional. Under Article 7/1-i, applications for the registration of well-known trademarks filed without the permission of the true owner were rejected by the TPI ex officio. Following the abolition of Article 7/1-i, the TPI may no longer refuse applications for well-known marks on absolute grounds. Read update

03 Jul 2015

Revoked trademark held to have been infringed

Spain - In a case involving two LIBERTO trademarks for Class 25 goods, the Barcelona Court of Appeal has found that the plaintiff's trademark should be cancelled for lack of use and that the defendant's trademark was invalid. However, it also found that the plaintiff's revoked trademark had been infringed by the defendant. Read update

02 Jul 2015

The fact that later sign contains earlier mark in its entirety is indication of similarity

European Union - In Infocit v OHIM, the General Court has upheld a decision of the Second Board of Appeal of OHIM finding that there was a likelihood of confusion between the marks DIN and DINKOOL. Among other things, the court reiterated that the fact that a sign consists exclusively of an earlier trademark to which another word has been added is an indication that the two marks are similar. Read update

02 Jul 2015

Use of slogan "The Champagne of Nature" for mineral water held to be unlawful

Israel - In Comité Interprofessionnel du Vin de Champagne v Eden Springs Ltd, the Tel Aviv District Court has held that Eden Springs’ long-term use of the marketing slogan “Water of Eden - The Champagne of Nature” (in Hebrew) for mineral water infringed the Comité Interprofessionnel du Vin de Champagne’s appellation of origin ‘Champagne’ and amounted to passing off and dilution of goodwill. Read update

02 Jul 2015

Trademark law amended following ban of Communist and Nazi symbols

Ukraine - Following the entry into force of a new law condemning the Communist and Nazi regimes and prohibiting all related symbols and propaganda, several articles of the Law on Protection of Rights to Marks for Goods and Services have been amended. Under the transitional provisions of the new law, rights holders whose trademarks contain Communist and/or Nazi symbols are obliged to bring such trademarks into line with the legislation. Read update

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