WTR 1000 2014
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    More blogsRecent blogs

    Latest version of Anti-counterfeiting – A Global Guide now available online

    The 2014 edition of Anti-counterfeiting – A Global Guide, which provides trademark and brand protection professionals with comprehensive guidance on anti-counterfeiting laws, procedures and strategies in key jurisdictions around the world, has been published. World Trademark Review subscribers will soon receive hard copies of the guide, which is also available online. Read blog
    April 24 2014


    Apple iWatch rumours gather steam, and why it matters to trademark counsel

    Over the past week, rumours that Apple is gearing up for a 2014 launch of the iWatch have gathered steam. Should the company’s entry into the smart watch sector have a similar impact as its iPad launch on the tablet computer market, it is a story that trademark counsel in all industries should follow. Read blog
    April 24 2014


    Issue 49 of World Trademark Review out now

    The latest issue of World Trademark Review is now available online to subscribers. The cover story presents exclusive analysis of the Global Benchmarking Survey, which found that, while budget levels are improving for some trademark teams, for the majority the situation remains straitened, with one-fifth of respondents expecting further cuts over the next 12 months. Read blog
    April 23 2014

    More updatesUpdates

    European Union

    General Court: mark applied for will not be considered as part of opponent’s family of marks

    In Debonair Trading Internacional Ldª v OHIM, the General Court has upheld a decision of the Fourth Board of Appeal of OHIM finding that the trademark SÔ :UNIC could not be considered to be part of the opponent’s family of 'so…?' marks. Among other things, the court agreed with the board that the SÔ :UNIC mark, viewed as a whole, did not correspond to the pattern characterising the family of marks relied on. Full text
    April 24 2014


    Ireland

    High Court sets forth 18 principles in relation to bad faith

    In Marie Claire Netherlands BV v The Controller of Patents, Designs and Trademarks, the High Court has upheld an opposition to the registration of the trademark MARIE CLAIRE for clothing and headgear on the basis of passing off. Interestingly, the court also proposed 18 principles that can be borne in mind when determining whether an application has been made in bad faith. Full text
    April 24 2014


    Malaysia

    German company obtains cancellation of trademark registered by local distributor

    In Wieland Electric GmbH v Industrial Automation (M) Sdn Bhd, German company Wieland Electric GmbH has obtained the cancellation of a trademark registered by Industrial Automation (M) Sdn Bhd, its former Malaysian distributor. Among other things, the court held that Industrial Automation had committed fraud on the registrar by misrepresenting itself as the rightful proprietor of the WIELAND mark. Full text
    April 24 2014


    United Kingdom

    High Court cracks down on costs in boxing trademark dispute

    In the latest round of the dispute over the QUEENSBERRY mark, the High Court has found that the use of the defendants’ QUEENSBERRY device mark on the majority of their sports equipment infringed Boxing Brands Ltd’s prior marks. The court also refused to order an inquiry on the cross-undertaking given by Boxing Brands, as it did not accept that the defendants ever intended to sell the non-infringing items as a stand-alone range. Full text
    April 23 2014


    India

    New twist in Samsung parallel imports case as APAA and INTA offer conflicting views

    The case of Samsung v Kapil Wadhwa, which is pending before the Supreme Court, will decide whether the Indian trademark law provides for the national or international exhaustion of trademark rights. Last year INTA had filed an application to intervene in this case, arguing that national exhaustion is the correct position. APAA has now filed its own application to intervene, which strongly supports the principle of international exhaustion. Full text
    April 23 2014


    South Korea

    Supreme Court decision provides new tool against trademark infringers

    The Supreme Court has recognised for the first time the existence of a presumption of negligence on the part of infringers in cases of trademark infringement, thereby making it easier for plaintiffs to recover damages for infringement. Among other things, the court held that trademark registrations are public and that knowledge thereof is available to any person exercising ordinary care. Full text
    April 23 2014

     

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