Analysis

“Heroes of the European economy” – major new study reveals link between IP protection and SME success

A joint study between the European Patent Office and the EU Intellectual Property Office has evidenced a clear correlation between the success of small to medium-sized businesses and their utilisation of intellectual property. 

“Heroes of the European economy” – major new study reveals link between IP protection and SME success
22 May 2019

“It’s going to make my life much better” – industry experts welcome SCOTUS licensing decision

The Supreme Court of the United States (SCOTUS) has ruled 8-1 in Mission Product Holdings v Tempnology LLC, with one legal expert telling WTR that the ruling helps to create a more stable trademark licensing market.

17 May 2019

P&G’s new start-up mindset will reinforce its position in the market  

Direct-to-consumer brands have proved to be a problem for the American consumer goods behemoth Procter & Gamble, but a new customer-centric strategy combined with data resources could help the company regain lost ground.

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24 May 2019

Appointed person cuts tailor down to size

The appointed person has put an end to a trademark dispute between Tailor & Cutter (Cambridge) Limited, a bespoke tailor based in England, and multinational retail corporation Walmart Apollo LLC. Read more

24 May 2019

General Court: bicycles and motorcycles similar to a low degree

In Zweirad-Center Stadler v EUIPO, the EU General Court has confirmed that there was a likelihood of confusion between two TRIUMPH word marks for goods in Classes 9, 12 and 25. Read more

23 May 2019

UDRP cases where domain name was registered with complainant's consent will usually fail

A UDRP panel has refused to order the transfer of the domain name ‘bialettiusa.com’ because the complainant failed to demonstrate that the respondent, a former distributor of the complainant’s products, had registered the domain name in bad faith. Read more

23 May 2019

Bombay High Court quotes Mahatma Gandhi in yet another decision imposing heavy costs on infringers

In Nippon Steel & Sumitomo Metal Corporation v Jain, the Bombay High Court has decided to make an example of the defendants and imposed hefty costs of Rs50 million. Read more

22 May 2019

Beiersdorf v Koni: passing off and a composite of get-ups

In Beiersdorf AG v Koni Multinational Brands (Pty) Ltd, the South African High Court has considered the use by one party of a get-up that was a composite of various get-ups used by another party. Read more

22 May 2019

Trump International loses High Court appeal

The High Court has upheld a decision of the UK Intellectual Property Office finding that the application for TRUMP TV, filed by ‘trademark troll’ Michael Gleissner in the name of Trump International Limited, had been made in bad faith. Read more

21 May 2019

ILPTO upholds registration of former Soviet trademarks for sweets

The Israel Patent and Trademark Office has considered an interesting dispute concerning several marks registered in the name of two major Russian confectionery manufacturers for sweets from the Soviet era. Read more

21 May 2019

Smooth victory for Bega in peanut butter trade dress case against Kraft

A dispute between Bega Cheese and Kraft Foods in Australia has been resolved with the Federal Court awarding Bega the exclusive rights to use a distinctive yellow, red and blue packaging to market its peanut butter.  Read more

20 May 2019

Federal Circuit: trademark decisions rendered by International Trade Commission do not have preclusive effect

In Swagway LLC v International Trade Commission, the US Court of Appeals for the Federal Circuit has held that trademark decisions of the International Trade Commission, like its patent decisions, do not have preclusive effect. Read more

20 May 2019

Licensor prevails in dispute over use of brand name post-termination

A recent case in India has addressed the question of whether a licensee can claim rights in a licensed mark when faced with the termination of the licence agreement. Read more

17 May 2019

Supreme Court clarifies conditions for existence of legal interest in non-infringement action

In a dispute between wine and spirits producers Kantina and Adol, the Slovenian Supreme Court has set aside the first and second-instance decisions, which had rejected a non-infringement action filed by Kantina on formal grounds. Read more

17 May 2019

GLENFIDDICH v GLENFIELD: battle of the label trademarks

The UK Intellectual Property Office has issued a somewhat unexpected decision in a case involving an application for the label mark GLENFIELD by an India-based drinks company owner, which was opposed by Scotch whisky distiller William Grant & Sons. Read more

16 May 2019

Alibaba issues IP protection report; expands on future plans in exclusive interview

Alibaba has released its IP Protection Annual Report, revealing that it provided 1,624 IP-related leads to law enforcement in 2018. Speaking to WTR, Alibaba Group's Matthew Bassiur reveals some of the company's ambitious future brand protection plans. Read more

16 May 2019

TrademarkNow launches SME offering as IP service providers look to bring trademark tools to the masses

TrademarkNow has released a new pay-per-search platform that promises to help SMEs with clearance search – demonstrating that it is no longer just the major corporations being targeted with paid trademark platforms. Read more

16 May 2019

Vested rights clause restores trademark to original applicant

In Sköld v Galderma Laboratories LP, the US Court of Appeals for the Third Circuit has addressed the issue of trademark ownership under since-terminated development and commercialisation agreements. Read more

16 May 2019

General Court reaffirms that new relative grounds for refusal cannot be raised after expiry of relevant period

In Lupu v EUIPO, the EU General Court has confirmed that, within the context of opposition proceedings, relative grounds for refusal cannot be raised after the expiry of the term prescribed by law. Read more

16 May 2019

What you need to know before the controversial Sky v Skykick case hits the CJEU

On Monday, the Court of Justice of the European Union holds a hearing in the closely followed Skykick case. We look at how this case could have a significant impact on trademark practice. Read more

15 May 2019

European Union adopts new ‘.eu’ Regulation

The European Union has adopted Regulation 2019/517, known as the ‘.eu’ Regulation, which seeks to future-proof the regulatory framework and to promote the digital single market. Read more

15 May 2019

EU Trademark Court issues another ruling on use of well-known marks to sell smell-alike perfumes

Spain’s EU Trademark Court has upheld a first-instance decision in which Equivalenza Retail SL had been sentenced for infringing various trademarks, owned by Hugo Boss, Gucci and Lacoste, among others, in the context of its smell-alike business.  Read more

14 May 2019

An update on sound mark protection in Thailand

Although sound mark protection is a relatively new concept in Thailand, it is another option for trademark protection in which IP owners from around the world should take interest. Read more

14 May 2019

TICK DIFFERENT: Apple loses to watchmaker Swatch before Swiss court

The Swiss Federal Administrative Court has considered an opposition filed by US tech giant Apple against Swiss watchmaker Swatch’s application for the registration of the mark TICK DIFFERENT for Class 14 goods, including jewellery and watches. Read more

13 May 2019

How the next South African government will impact trademark professionals

The people of South Africa took to the polls last week, with the country’s president Cyril Ramaphosa leading the ANC party to victory with its lowest majority ever. We explore what trademark practitioners should expect from the ANC’s next five years. Read more

13 May 2019

“Time for our political leaders to get involved” – war of words escalates after UGG decision in favour of Deckers

A jury in the US has found that Australian Leather wilfully infringed a trademark registered to Deckers Outdoor Corporation. The defendant has vowed to appeal, with one member of its legal team calling on the Australian government to intervene. Read more

13 May 2019

“Unusual and very risky” – warning to brands as Venezuelan IP office launches cash payments of fees

The Venezuelan IP Office has introduced a new payment method involving paying cash deposits at a specific bank branch. Experts describe the process as complicated and have warned of significant risks. Read more

13 May 2019

USTR's Special 301 Report 2019: focus on Indonesia

According to the latest Special 301 Report of the US Trade Representative, Indonesia - which features on the Priority Watch List - suffers from many problems, including widespread piracy and counterfeiting. Read more

13 May 2019

Delhi High Court directs drug authorities to regulate misuse of similar brand names

The decision of the Delhi High Court in Curewell Drugs & Pharmaceuticals v Ridley Life Science creates a strict action plan from the moment that a drug and its packaging are created. Read more

10 May 2019

Morocco’s stable ecosystem is an opportunity for brands, particularly those in cosmetics and pharmaceuticals

Morocco is set to become an increasingly important jurisdiction, acting as an access point for both European and African businesses to expand abroad. The government’s international outlook means this emerging market could be the new frontier for growing brands. Read more

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