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Legal updates

03 Sep 2015

Yves Saint Laurent fails to prevent registration of monogram

Switzerland - The Swiss Federal Administrative Court had held that there was no likelihood of confusion between Yves Saint Laurent’s registered monogram YSL and the figurative trademark SL SKINNY LOVE. Among other things, the court confirmed that, with regard to short signs and acronyms, changing, omitting or adding just one letter can result in a different overall impression. Read update

03 Sep 2015

IP Court: foreign registrations should be taken into account during examination

Turkey - The Third Civil IP Court of Ankara has annulled a decision of the Turkish Patent Institute refusing to register the mark AIRCRUISE BIONICS for goods in Class 12 on the grounds that it was descriptive and lacked distinctiveness. Among other things, the court held that, while foreign registrations for the same marks were not directly binding on the TPI, the latter should have taken them into account when examining the application. Read update

03 Sep 2015

Important amendments to industrial design law come into force

Serbia - The Law on Amendments to the Law on the Legal Protection of Industrial Designs, which aims to further harmonise Serbian legislation with that of the European Union, has recently come into force. Among other things, the definition of a 'novel' industrial design has been updated, and an extraordinary legal remedy that can be sought against final decisions has been introduced for the first time. Read update

02 Sep 2015

Procuratorate and court adopt brand owner's calculation of counterfeiter's illegal turnover

China - The Supreme People’s Procuratorate and the Baiyun District Court have adopted the opinion of the brand owner when calculating the illegal turnover of a trademark counterfeiter in a criminal case. There was a wide gap between the calculation made by the police and that proposed by the brand owner. The counterfeiter was sentenced to three years' imprisonment, with a fine of Rmb650,000. Read update

02 Sep 2015

Federal Court considers whether use of domain name resolving to website is trademark use

Australia - In Accor v Liv Pty Ltd, the respondents have successfully cross-claimed for the cancellation of the marks HARBOUR LIGHTS and CAIRNS HARBOUR LIGHTS in relation to certain services. However, for the services that remained validly registered, the respondents were held to have infringed. The case is a reminder that use of a domain name which resolves to a website promoting the user's goods or services will probably amount to trademark use. Read update

02 Sep 2015

Andean Tribunal of Justice issues proposals concerning Community-level legislation

International - The Andean Tribunal of Justice is currently consulting through INTA in all member countries of the Andean Community, and has put forward several proposals concerning Community-level legislation. Among other things, in the absence of a suitable international agreement regarding country marks, the tribunal is proposing to establish a regional agreement through the adoption of a new decision. It is also proposing to develop more extensive legislation on GIs based on the EU model. Read update

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Issue 57