Europe - World Trademark Review

Europe

Audi launches anti-counterfeiting campaign, YouTube brand safety fiasco and TMview expands: news round-up

In our latest round-up, we look at the expansion of the EUIPO’s TMview search platform, Scotch Whisky attaining GI protection in South Africa, Chinese trademarks continuing rapid growth rate, and much more.

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Anti-sanction bill keeps intellectual property in safe harbour

A new anti-sanction bill aimed at the prevention and suppression of unlawful and hostile foreign actions is now in force in Russia. Importantly, the bill generally does not concern the IP assets of foreign legal entities.

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High Court: notices of discontinuance may be set aside in certain circumstances

In a dispute over the mark GIORDANO, the High Court of England and Wales has held that, in certain circumstances, notices of discontinuance can be set aside.

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Intellectual Property Enterprise Court explores limits of extended passing-off doctrine

In a dispute over the use of the term ‘mutual’, the Intellectual Property Enterprise Court in London has dismissed Military Mutual's passing-off claim against Police Mutual.

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Success for Vogue owner as application for figurative V.O.G.U.E. mark is refused

The Croatian IP Office has upheld an opposition filed by Advance Magazine Publishers, the owner of the mark VOGUE GIRL, against the registration of the figurative mark V.O.G.U.E. BY MIRJANA SMOLJO.

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Court of Appeal provides salutary lesson to mark owners who license their trademark portfolios

The decision of the Court of Appeal of England and Wales in Holland and Barrett v General Nutrition provides valuable guidance for mark owners who license their main brand as well as a number of sub-brands.

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General Court: CAVE DE TAIN does not evoke PDO 'Cava'

In a decision that provides valuable guidance on the concept of 'evocation' of a PDO, the EU General Court has confirmed that the trademark CAVE DE TAIN, which covers wines in Class 33, was not an evocation of the PDO 'Cava'.

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Louboutin: the interplay of colour and shape

Louboutin’s win before the European Court of Justice shines a light on the complexities of colour marks.

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Court gives Nestlé appeal the finger in long-awaited KitKat shape mark decision

​​​​​​​The Court of Justice of the European Union has dismissed appeals brought in the high-profile ‘4 Finger KitKat’ case, ruling that the EUIPO must reconsider whether the three-dimensional shape can be retained as an EU trademark.

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Court of Appeal upholds criminal sentence for import of counterfeit t-shirts bearing registered trademarks

The Court of Appeal of Zaragoza in Spain has upheld a judgment of the Trial Court in which the latter had sentenced the defendants for importing thousands of counterfeit t-shirts from China.

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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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“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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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 presidential government system brings changes to Patent and Trademark Office's legal framework

The adaptation of the Patent and Trademark Office to Turkey’s new presidential government system created uncertainty as to the legal basis for the office’s existence. However, Presidential Decree No 4 has now re-established...

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Is the Brexit fog lifting? UKIPO confirms plan for “free” conversion of EU trademarks to UK register

In newly-released comments, the UKIPO has confirmed that the UK will protect all existing EU trademarks and registered Community designs when the country leaves the EU. Crucially, the transfer of 1.5 million rights will...

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EUIPO close to naming new executive director as COREPER recommends frontrunner

The Permanent Representatives Committee (COREPER) has voted to recommend that Christian Archambeau, currently the acting general director of the EUIPO, be appointed on a permanent basis.

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"No closer to clarity" – UK's Brexit White Paper offers clues to future IP approach, but big questions remain

In the UK government's much-anticipated blueprint for the UK’s future relationship with the EU, IP rights are specifically addressed, but trademark practitioners will be left with many unanswered questions.

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UK government White Paper on future UK-EU relationship: small number of IP issues considered

The UK government’s White Paper on the future UK-EU relationship includes a limited number of proposals relating to intellectual property. Among other things, the United Kingdom will establish its own GI scheme.

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Positive ‘Swissness’ results, IACC and EURid partner up, and the first family of counterfeit hunting: news round-up

We look at a new law in China that could boost the fight against fakes, a comedian seeking over $100 million in infringement damages, a leaked email revealing “efforts to trademark Clean Meat”, and much more...

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Brexit concerns raised, parody Trump Hotel sparks IP debate, and Jaden Smith in trademark suit: news round-up

In our latest round-up, we take a look at how brands are embracing robot influencers, insights on how to combat malicious imposters, and much more.

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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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“Opportunistic filing after a disaster remains an issue” – MH370 rights shine spotlight on tragedy marks

Trademark departments have a key role to play in the wake of tragic events, with one expert telling us that defensive filings should be “a primary prevention tool” against opportunists

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“E-commerce platforms make huge efforts to protect brands’ rights”: exclusive interview with Groupon’s Pablo Rodriguez

Pablo Amat Rodriguez talks to us about his IP work at e-commerce brand Groupon. He reveals how he meets the distinctive IP challenges the trademark department faces, working with law firms, and much more...

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3D shape mark rejected for technical function

The hearing officer has rejected an application to register a 3D mark in the UK based on the shape's technical function, highlighting the clear public interest of preventing the unjustifiable extension of patent rights.

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General Court: consumers usually recognise wine by reference to word element

The EU General Court has confirmed that there was a likelihood of confusion between the word mark ANTONIO RUBINI and the earlier figurative mark RUTINI, which both covered wine.

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Cristiano Ronaldo to Juventus, LeBron James to LA Lakers: the brand perspective on major sporting moves

​​​​​​​The last week has seen NBA legend LeBron James and football superstar Cristiano Ronaldo signing lucrative new deals. Experts say that the strong commercial brand of both players will justify the big dollars being...

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Federer logo clash with Nike highlights contractual pitfalls for sports stars

This week the Wimbledon tennis tournament got underway, with media reports noting how reigning champion Roger Federer “stunned onlookers by turning out on Centre Court in Uniqlo gear”. The focus then turned to the absence of his often-used RF...

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Russia’s fight against fakes, imitations and replicas

Gorodissky & Partners Anti-counterfeiting measures will never succeed in removing all counterfeits from the market, but they do make it significantly more difficult for counterfeiters to produce and sell fakes.

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Legal fakes and the shopping experience – Italy’s fashion challenges

Bugnion SpA Some so-called ‘legal fakes’ in Italy have so successfully fooled consumers and won over luxury and fashion brand fans that they have essentially supplanted the original brands, which are yet to conquer the country.

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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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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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Issue 74
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