The IL-DRP plays a significant role in the resolution of domain name disputes through out-of-court proceedings. However, the source of its legal authority and the binding force of its decisions are uncertain.
A number of issues are raised by the registration of ‘.it’ domain names, but these need to be overcome as ownership of domain names is crucial to obtain IP rights that can be defended against third parties.
With Italy’s policing bodies boasting internal departments to investigate IP infringement, and a range of actions possible, the country is well-geared to tackle the counterfeiting threat. However, brand owners must also ensure they police the threat themselves.
Over the last few years, both Customs and the courts have become more proactive in the fight against fake goods, with the new Industrial Property Code set to provide further clarification on the extent of IP rights.
Like the manager of a professional sports team, trademark owners bear the pain and glory for their teams’ success and failures. However, China’s trademark laws and enforcement methods can help you turn that ‘L’ into a ‘W’.
A recent decision has affirmed the principle that famous marks which receive recognition as highly reputed marks following the BPTO procedure deserve protection in all fields of activity, regardless of the possibility of confusion.
Famous and well-known marks are afforded extensive protection in Spain, but while ‘well-known’ and ‘reputation’ denote distinct legal concepts, English-speaking practitioners who are familiar with the Community trademark system need to be careful they are not misled by the Spanish terms for such marks.
The framework of protection for well-known and famous trademarks stems from existing Benelux legislation. Recent decisions suggest that this system, as transposed into EU legislation and elaborated by further case law, gives famous and well-known trademarks even greater protection than before.
The scope of traditional trademark protection is expanding with the recognition of well-known marks and marks with a reputation. Despite there being no legal definitions of these concepts, Portuguese doctrine and jurisprudence are working towards solutions which will enable owners of such marks to defend their rights.
Well-known trademarks in Norway are protected under the Trademarks Act and, to some degree, the Marketing Act, which requires traders to follow good business practice in their transactions with each other.
While the courts are applying statutory provisions that afford protection to well-known marks, the lack of guidance on the evidence required to prove that a mark is well known means that brand owners need to rely on judicial precedents in their actions.
While courts take account of the fame of a mark when assessing the likelihood of confusion, all the surrounding circumstances are considered – including evidence of consumer confusion and the connection between the goods and services of the interested parties.
In Denmark, it is recognized that well-known or famous marks require protection which is broader than merely direct competition. However, to enjoy extended protection, documentation must be submitted which confirms that the relevant consumers have a general and broad knowledge of the mark.