Europe

Bitcoin, CNN and Elon Musk under attack: how scammers are stepping up their game

​​​​​​​An investigation from World Trademark Review has explored the evolving tactics of misleading and often malicious websites that pose as articles from well-known news outlets, with common trends including the use of cryptocurrency and Elon Musk to lure in users.

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UK Supreme Court Cartier judgment: who pays for website blocking orders?

In a blow for rights holders, in Cartier International AG v British Telecommunications Plc the UK Supreme Court has decided that internet service providers should not bear the implementation costs for website blocking orders.

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ICANN steps up GDPR clarity bid, Squire Patton Boggs resolves China dispute, and insights from ECTA 2018: news round-up

In our latest round-up, we look at various insights from ECTA’s 37th annual conference, how domain registrations for sports betting are on the rise, the Financial Times prevails in trademark dispute, and...

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IPEC: goodwill in 'Prick' from tattooing does not extend to sale of cacti

The Intellectual Property Enterprise Court in London has held that there was no passing off by a shop selling cacti under the name Prick of goodwill arising from tattooing services offered under the same name.

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As World Cup gets underway, brands jostle for limelight and authorities prepare for ambush

The 2018 FIFA World Cup gets underway in Russia today, and major brands have already kicked off efforts to benefit from the buzz. Meanwhile, the authorities have commenced policing for infringement, with cases already filed centred...

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Slight hope for L'Oréal in MASTER cases as CJEU annuls General Court decisions

The CJEU has annulled decisions of the General Court in which the latter had confirmed that there was a likelihood of confusion between L’Oréal’s MASTER marks and Guinot’s earlier mark MASTERS COLORS PARIS.

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“Rights holders will be disappointed”: UK Supreme Court sides with ISPs in Cartier case

The UK Supreme Court has handed down its decision in the Cartier website blocking case, siding with internet service providers (ISPs) and ruling that brand owners should indemnify ISPs for the costs of implementing blocking injunctions...

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Messi scores trademark goal as General Court finds no likelihood of confusion between MESSI and MASSI

The EU General Court has found that there was no likelihood of confusion between footballer Lionel Messi’s mark MESSI and the earlier mark MASSI, despite the identity of the goods and the similarity of the marks.

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Vilnius District Court: no likelihood of confusion between SATI-formative marks

A Lithuanian court has dismissed an action for the invalidation of the mark SATIMED for goods and services in Classes 3, 5 and 42, and the mark SATIVERA for goods in Class 3, based on the earlier marks SATIVEX.

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New EUIPO report charts increasing sophistication and diversification of counterfeiters

The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union.

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New law on customs measures now in force - what rights holders need to know

The Law on Customs Measures for the Protection of Intellectual Property Rights has now entered into force in Kosovo, introducing important changes intended to align local customs procedures with Regulation 608/2013.

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Procedures and strategies for anti-counterfeiting: United Kingdom

The primary piece of national legislation relating to trademarks in the United Kingdom is the Trademarks Act 1994. This act contains provisions covering trademark infringement as well as criminal offences relating to anti-counterfeiting.

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Procedures and strategies for anti-counterfeiting: Western Balkans

With a population of more than 20 million divided among seven jurisdictions, the Western Balkans has the potential to be a fertile ground for the production and distribution of counterfeit goods.

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The GI stand-off: inside the IP issue stalling NAFTA and Brexit negotiations

The treatment of geographical indications is proving a sticking point in the ongoing Brexit negotiations. While trademark associations have confirmed their support for a system of mutual recognition, the UK government has not yet made any guarantees...

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Flurry of royal wedding marks, Israel added to TMview, and India unveils IP mascot: news round-up

In our latest round-up, we look at a number of trademarks that appear to be related to Prince Harry and Meghan Markle, the USPTO unveiling a new resource center, the sale of the Toys-R-Us brand, and much more.

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EUIPO escapes liability in public procurement case as ECJ partially sets aside General Court judgment

The decision of the Court of Justice of the European Union in EUIPO v European Dynamics Luxembourg SA confirms that the EUIPO may incur non-contractual liability in public procurement cases.

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UK trademark scene post-Brexit: a world-class IP office dealing with uncertainty in a volatile brand environment

We provide a breakdown of the UK trademark market – examining how Brexit has affected filing strategies, inspecting brand value trends, and analysing the stellar performance of the UK IP Office.

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Refusal of BREXIT beer trademark upheld; UK reasoning conflicts with EU decision

In a much-delayed decision, the appointed person has dismissed an appeal against the refusal of a class 32 UK application for BREXIT. Notably, the decision contrasts with a recent EUIPO board of appeals decision, which gave the green light...

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In-house perspectives on diversity in the trademark industry: “All of us in this field need to do more”

The theme of today’s World IP Day is ‘Powering change: Women in innovation and creativity’. In the first of a two-part piece, corporate trademark professionals reflect on the topic of the day.

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Valuation firm claims Brexit “an opportunity” for British brands; historical data reveals a more nuanced reality

Brand Finance’s annual brand valuation ranking of British companies reveals a year-on-year rise in total value, with the company arguing Brexit is “an opportunity and stimulus for many British brands”. However...

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With a fast-improving IP office and flourishing brands, Italy’s outlook is bright: exclusive data analysis

Our latest country data report focuses on the branding landscape of Italy. We explore key filing data and the performance of the leading Italian brands, revealing that their total brand value has increased at a quicker...

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Christian Louboutin declares red soles victory as European court hands down long-awaited decision

The CJEU has issued its decision in Christian Louboutin v Van Haren Schoenen BV, with a ruling that strengthens the protection of the fashion house’s red soles mark.

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Blow for Prada as General Court allows registration of THE RICH PRADA

The EU General Court has allowed the registration of THE RICH PRADA by Bali-based hotel The Rich Prada International, despite fashion house Prada's "exceptional reputation" in its PRADA mark.

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“I wish the US president had opposed my trademark” – applicant of registered Trump mark on treating IP as art

​​​​​​​A popular author has successfully registered a trademark for the term GRABBA THE TRUMP. Talking to World Trademark Review, the applicant states that he enjoys provoking major brands with his trademark applications...

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General Court considers bad-faith claim where parties had previous business relationship

The EU General Court has considered a bad-faith cancellation action in which the parties had entered into certain business negotiations, but had not established clear contractual undertakings with regard to the mark at issue.

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Manchester United tops Premier League of trademarks; Messi overtakes Neymar in player rankings

Exclusive research by World Trademark Review reveals the filing activity of the world’s most valuable football clubs and players, and finds that Manchester United boasts the most trademarks of any team in the world.

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The future of 3D trademarks: key trends and success stories

Three-dimensional trademarks have made headlines in recent years. Looking at how these marks have developed over the past few years may help to determine what to expect in the future.

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Licensing in Italy: how to prove a non-written agreement

Trademark licensing is recognised under Italian law despite the absence of specific legislation governing agreements. When it comes to enforcement, licensees can provide evidence of a non-written agreement through various means.

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Turkish licensees’ obligation to use

Rights holders can significantly benefit from a proficient licensing agreement, provided that both parties uphold their end of the bargain. Depending on the type of agreement, licensees must fulfil various obligations before they can reap the rewards of a well-established trademark.

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Kit Kat blow, Comey trademark abandoned, and Russian IP office pledges blockchain support: news round-up

In our latest round-up, we look at the Advocate General’s latest Kit Kat decision, Liverpool FC embroiled in a dispute, a strong start for the ‘.app’ new gTLD, advice on building a fashion retail brand in 2018, and much...

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WHOIS access charges, NGOs take aim at watch list plans and INTA applauds ‘Brand India’: news round-up

In our latest round-up, we look at a registry’s plans to charge trademark owners for access to WHOIS data and the war of words over plans for an IP markets watch list.

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Advertising Standards Authority ruling could have far-reaching implications for UK trademark law firm marketing

​​​​​​​The UK’s Advertising Standards Authority has ruled that Trade Mark Direct cannot claim to be the country’s ‘leading’ or ‘number one’ trademark firm. The decision could lead to a major shift in how firms...

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“No surprise” – significant gender pay gap reported at UK law firms with highly rated trademark practices

​​​​​​​World Trademark Review can reveal that UK law firms with highly ranked trademark practices pay women an hourly rate that is, on average, 28.7% lower than male colleagues. One industry expert says there is “much...

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Issue 73
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