NPE 2015

Legal updates

23 Jan 2015

eBay obtains transfer of thousands of domain names under UDRP

International - eBay has succeeded in securing the transfer of thousands of domain names comprising the well-known EBAY mark, followed by a number and a generic top-level domain, under the UDRP. The domain names were registered by Chinese individuals who had used a privacy service to conceal their identities. The decision shows that the UDRP can be applied to resolve even the largest and most procedurally complex cybersquatting cases. Read update

23 Jan 2015

First Amendment protects use of third-party's trademark in video game

United States - In Mil-Spec Monkey Inc v Activision Blizzard Inc, a California district court has confirmed that video games, including customisable multi-player games, qualify as expressive works entitled to First Amendment protection. The court granted summary judgment in favour of a video game publisher on trademark infringement claims brought by the owner of a trademarked military patch design. Read update

23 Jan 2015

Validity of plaintiff's trademark registration can be questioned at interlocutory stage

India - In Lupin Limited v Johnson & Johnson, the Full Bench of the Bombay High Court has held that the court can consider the question of the validity of a registered trademark at the interlocutory stage if the registration is ex facie illegal, fraudulent or shocks the conscience of the court. The decision represents a U-turn in the court’s position in this respect. Read update

22 Jan 2015

High Court holds that Europcar's 'e' logo infringes Enterprise's 'e' device mark

United Kingdom - The High Court has held that Europcar's use of a logo comprising a stylised lower case 'e' on a green background infringed Enterprise's CTM registration for a lower case 'e' device, registered on a black background but commonly used against a green background, based on the likelihood of (and actual) confusion between the two. The decision highlights the importance of the context in which a mark is used. Read update

22 Jan 2015

Metro International partially successful in opposition against METRO GROUP

Ireland - In MIP METRO Group v Metro International SA, the hearing officer has partially upheld an opposition by the owner of the figurative mark METRO against the registration of the mark METRO GROUP. Among other things, the hearing officer found that consumers were likely to believe that the trademarks were economically linked when used for advertising services. Read update

22 Jan 2015

Recognition of trademark has impact on evaluation of similarity and likelihood of confusion

Turkey - The Re-examination and Evaluation Board of the TPI has upheld an opposition by the owner of the figurative trademark EUROVISION against the registration of the figurative mark EUROSHOWVISION. The decision is significant as it seems that the board took into account the recognition of the opponent’s trademark among the Turkish public when determining the similarity of the marks and the likelihood of confusion between them. Read update


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