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In opposition proceedings between Coca-Cola and Frucor, the Federal Court has confirmed that Frucor could not register a particular shade of the colour green as a trademark for energy drinks. Among other things, the court found that mere recognition of an association between Frucor and the mark was insufficient to establish that the particular shade of green was recognised as a badge of origin denoting its goods.
Obtaining well-known status for a trademark can be a powerful tool for rights holders. However, different approaches must be used to secure enhanced protection. This article considers the best route in 10 key jurisdictions
In Aldi Foods Pty Ltd v Moroccanoil Israel Ltd, the Full Federal Court has considered the approach that should be adopted when it is called upon to review mixed questions of fact and law. The case clarifies that the Full Court will overturn decisions of trial judges not just where the decision is “plainly and obviously wrong”.
Madrid System fails to have an impact for local filers: an analysis of the Indonesian trademark market
In this country data report, we hone in on the fast-growing Indonesian trademark market, revealing that the country’s recent accession to the Madrid Protocol has had little impact on local filers, while US applicants have been making the most of the new filing option.
The Supreme Court has held that Airbus SAS’s mark A380 is distinctive under the Trademark Act, finding that the letter ‘A’ stands for ‘Airbus’. The court ruled that, although the combination of the letter ‘A’ and the numerals ‘380’ has no special manner or stylisation, the law requires such representation only for a combination of colours, rather than letters or numerals. The judgment demonstrates the broader view taken by the court in considering the distinctiveness of trademarks.
In Tencent Holdings Limited v Monster Energy Company, the principal assistant registrar dismissed an opposition filed by Monster Energy Company against the registration of the figurative mark MONSTER CASTLE in Classes 9, 41 and 42. This case sheds some light on the issue of whether partial oppositions are allowed under the Trademarks Act.
This week the Wimbledon tennis tournament got underway, with reigning champion Roger Federer already through to the round of 32. However, as well as generating headlines for his play, media reports have noted that Federer “stunned onlookers by turning out on Centre Court in Uniqlo gear”, after his decade-long association with Nike came to an end. The focus then turned to the absence of his often-used RF logo, which is caught up in an ownership wrangle.
In China, the standards and methods for determining compensation in trademark cases directly reflect judicial protection levels. However, canny rights holders can choose strategies to maximise the chances of higher awards.
Victory for Dior as Supreme People's Court overturns previous decisions on 3D mark for shape of J’adore perfume bottle
The Supreme People’s Court has overturned decisions finding that the shape of Dior’s J’adore perfume bottle lacked inherent distinctiveness and that Dior had failed to prove that the mark had acquired distinctiveness through use. Although this seems to be a victory for Dior, the court did not comment specifically on whether the evidence was sufficient to prove acquired distinctiveness. The TRAB must now issue a new decision in this case.
In a landmark ruling, the World Trade Organisation (WTO) has upheld Australia’s tobacco plain packaging regime as being consistent with the WTO’s trade obligations. The response has been mixed. While the Canadian Cancer Society has told World Trademark Review it gives a “big boost” to plain packaging momentum, INTA has voiced its disappointment and is regrouping on the issue.
Positive ‘Swissness’ results, IACC and EURid partner up, and the first family of counterfeit hunting: news round-up
In our latest round-up, we look at a new law in China that could boost the fight against fakes, a comedian seeking over $100 million in trademark infringement damages, a leaked email revealing “efforts to trademark Clean Meat”, and the Kenyan government announcing a new anti-counterfeiting crackdown on online e-commerce platforms.
Kangxin Partners PC Regionality is a well-known characteristic of trademark protection and brings particular jurisdictional challenges for fashion and luxury brands. In China, these challenges include trademark squatting and parallel imports.
RNA Technology and IP Attorneys While luxury brands are increasingly entering the Indian market, proving India’s potential as a destination for luxury products, they face some formidable challenges, including high import duties, lack of quality retail space and the ever-present threat of counterfeiting.
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.
The new Law on Competition, which was passed by the National Assembly on 12 June 2018, will enter into force on 1 July 2019. In light of the changes introduced by the new law, the alternative procedure for challenging certain IP-related unfair competition acts before the National Competition Authority may no longer be available to brand owners.
Following a lengthy investigation, the Seoul District Prosecutors’ Office has issued criminal felony indictments against the individual founders of several Korean franchise businesses, charging them with breaches of trust. The position of the Prosecutors’ Office seems to be that a business owner’s failure to transfer the relevant trademarks to the business unlawfully interferes with the business' ability to maximise its own profits.
After Government Regulation 20/2017 on Control of Import and Export of Goods came into effect last year, the Ministry of Finance finally passed Implementing Regulation 40/2018, which sets out the procedures for customs recordal and seizures. While it is positive that Customs has introduced a system to record IP rights, the system is currently limited to IP rights owners with a local subsidiary.
In Carshare Australia v Singh, the Federal Circuit Court has held that, due to GOGET’s reputation in relation to a vehicle-sharing business, use of ‘Go Get Cabs’ for taxi services was likely to mislead consumers into believing that Go Get Cabs was licensed or approved by, or somehow associated with, the GoGet business. However, the trademark infringement argument failed, as taxi services do not fall within the class specification for the GOGET mark.
Rising sales, healthy filings and new opportunities in the dynamic cosmetics sector: exclusive data analysis
In this week’s industry data report, we provide a rundown of the cosmetics market from a branding perspective. We take a big picture look at sales growth and key trends and reveal that technology trademark filings are on the rise among major brands.
Patron Spirits International's shot across the bow misses the mark in protecting PYRAT's territory in rum market
International premium spirit giant Patron Spirits International, owner of the mark PYRAT in Class 33, has been unsuccessful in preventing Australian distillery and retail distributor Fernbrew Pty Ltd from registering the mark THE PIRATE BAY RUM COMPANY in Class 33. Among other things, the registrar’s delegate assessed the visual similarity between the marks as "virtually non-existent".
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