Blog results - found 13
The Court of Justice of the European Union has today issued its decision in Louboutin v Van Haren Schoenen BV (Case C-163/16), ruling that it cannot be held that a sign consists of a shape where the registration did not seek to protect that shape but rather sought to protect the application of a colour to a specific part of a product. The move has been welcomed by the fashion house, which notes it strengthens the protection of the company’s red soles mark.
The Internet Corporation for Assigned Names and Numbers (ICANN) has come under fire for excluding the full community in its exploration of the General Data Protection Regulation’s impact on the WHOIS system. ICANN stated that the regulation could affect its ability to maintain a single global WHOIS system, and this week two generic top-level domains withdrew public access to registrant information. Trademark counsel should follow the issue closely, as it could lead to the end of WHOIS in its current form and the ability to identify easily (and cost-effectively) the owners of infringing domains. Whatever the outcome, policing activities are set to harden.
Positive news for luxury brands as advocate general paves way for tighter control of online distribution
In an opinion on a case before the European Court of Justice, Advocate General Wahl has stated that a supplier of luxury goods may prohibit authorised retailers from selling its products on third-party platforms such as Amazon or eBay. If the opinion is followed by the court, it will significantly strengthen the ability of luxury brands to control the exclusivity and market placement of their products.
World Trademark Review is pleased to announce that Managing the Trademark Asset Lifecycle, our unique forum for trademark professionals to share best practice and cutting-edge strategies for maximising the value that resides in brands, is coming to Europe in 2017.
Our latest podcast looks at an EU trademark dispute that has slipped somewhat under the radar in recent months. Specifically, it focuses on a dispute surrounding the protection of the Rubik’s Cube shape as a 3D trademark, and the potential implications should that mark be struck down. We talked to two key figures in the case to explore the legal and the business perspectives. Both had strong views on why this case matters for all IP owners.
Yesterday OHIM closed its doors, to allow time for staff to install the necessary system upgrades to adapt the website and its online application tools in light of the requirements of EU Regulation 2015/2424. Today the office re-opened for business, albeit with a new identity.
With the first changes due to take effect in less than three weeks, in the latest episode of the World Trademark Review podcast we talk to a range of industry experts on what counsel should be doing now to prepare for the new EU trademark regime.
For many in the trademark world, a late edition to the holiday season reading list was delivered in late December with publication of the new trademark regulation in the Official Journal of the European Union. The amending regulation will enter into force on March 23 2016. Time, then, for a round-up of some of the notable upcoming changes and what counsel should be doing now.
EU customs report shows two-fold increase in detained goods being released due to brand owner inaction
New data from the European Commission has found that the number of goods seized by customs authorities across the EU that were subsequently released due to brand owner inaction doubled in 2014, highlighting the urgent need for rights holders to respond to customs notifications in a timely manner.
The policy goal of OHIM becoming a truly paperless office is not a new one. However, this week it has stepped up its efforts to encourage increased use of its online services, revealing the firms and individuals that are leading the electronic charge.
OHIM has today published detailed research revealing how European citizens view intellectual property. An important study, there are some concerning figures for trademark counsel, with 6% of the 26,500 individuals surveyed having bought counterfeit goods after being misled over the nature of the goods.
On Wednesday the European Parliament’s Environment, Public Health and Food Safety (ENVI) Committee will vote on the European Commission’s proposal for a revised Tobacco Products Directive. Prior to the vote, five IP associations have teamed up to speak out in support of trademarks.
Last month WTR presented analysis of leaked documents detailing proposed changes to the European trademark framework (including amendments to the Community Trademark Regulation (207/2009), a recasting of the Trademarks Directive and an overhaul of the filing fees regime), as well as initial industry reaction. Today MARQUES issued a lengthy 24-page information note on the documents, providing a user perspective and detailing the good, the bad and the missing aspects of the proposals.
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