With the ramifications for partial bad-faith filings still on the table, SkyKick representatives say they are “hopeful” they will be victorious in the end.
WTR has compiled some of the immediate responses to the SCOTUS opinion in USPTO v Booking․com that rejected that a generic word plus ‘.com’ is automatically generic.
A recent case involving the domain name ‘berrysweet.com’ shows that the UDRP cannot simply be used to fix a failure to renew when all else fails, highlighting the importance of efficient portfolio management. Read more
This decision of the Pudong New District Court in a case involving a local company and international hotel chain Marriott Worldwide Corporation has been selected as one of the top 10 IP cases of Pudong New District for 2019. Read more
In a significant victory for public health, the World Trade Organisation (WTO) Appellate Body has rejected appeals lodged by the Dominican Republic and Honduras against the findings of the WTO Panel Report on Australia’s plain packaging requirements for tobacco products. Read more
In a case involving fake websites registered by an unknown person, the Bombay High Court has considered which reliefs could be granted against domain registrars, banks and INRegistry. Read more
This decision of the Icelandic Board of Appeal emphasises the strict requirements for proving the alleged degeneration of a registered trademark under the relevant provisions of the Trademarks Act. Read more
In a case involving the use of identical marks for prescription-only medicines and non-prescription products, the Bombay High Court has found that there was a clear case of trademark infringement and passing off. Read more
In cancellation proceedings against the mark DADA SUPREME, the Taiwanese courts have imposed strict criteria for the cancellation of a trademark registration based on the improper use of the mark by a local licensee. Read more
Under threat of trademark infringement proceedings, Energy Beverages LLC has unsuccessfully challenged Frucor Suntory’s trademark registration for the colour green in New Zealand. Read more
This decision in UK opposition proceedings suggests that genuine use may be found where the evidence relates to a precursor of the goods covered by the specification, rather than the goods themselves. Read more
A WIPO panel has denied the transfer of the domain name ‘taleggio.net’ under the UDRP because the complainant, an Italian consortium promoting and commercialising Taleggio cheese, had failed to prove that the respondent had acted in bad faith. Read more
This case, which involved a beige-and-blue chequerboard pattern trademark owned by French fashion house Louis Vuitton Malletier, highlights that those hoping to obtain EUTM protection by showing acquired distinctiveness will have their work cut. Read more
Following a series of decisions issued in trademark infringement cases involving brands Hey Tea and TikTok, as well as an opinion of the Supreme People's Court, many believe that punitive damages will soon be commonly awarded in infringement cases in China. Read more
The US Court of Appeals for the Seventh Circuit has held that Anheuser-Busch’s statements that Molson Coors’ beers were made with corn syrup were not false and misleading under the Lanham Act. Read more
The Supreme People’s Court of China has confirmed the dismissal of an infringement action filed by the owner of the MK logo against clothing company Michael Kors. The fact that the plaintiff sought to benefit from Michael Kors’ reputation led to its downfall, but some of the court’s findings seem debatable. Read more
A recent case involving the domain name ‘casinodaddy.com’ highlights that UDRP complaints will usually be denied if the panel feels that the issues are too complex and better suited to more in-depth consideration by a court of law. Read more
This decision of the Court of Justice of the European Union shows that the reputation and distinctive character of the mark on which an opposition is based are irrelevant to the assessment of similarity. Read more
This decision highlights that all marks, irrespective of their number of letters, are subject to the well-established principles for the assessment of the visual, aural and conceptual similarities. Read more
The EU General Court has provided important guidance on the evaluation of the proof of genuine use of a mark in opposition proceedings involving clothing company Diesel and sporting equipment and apparel retailer Sprinter. Read more
The successes and failures of previous high-profile cases offer some guidance on how those in the public eye can best protect their personal brand in the absence of explicit federal-level legislation. Read more
The EU General Court has confirmed that there was a likelihood of confusion between the figurative mark TASER for “side arms; penknives” in Class 8 and earlier TASER marks for “non-lethal electronic weapons” in Class 13. Read more
A UDRP panel has refused to order the transfer of the domain name ‘shaze.com’ to the owner of the SHAZE mark, finding that the latter had narrowly fallen short of proving its case on the balance of probabilities. Read more
A decision of the appointed person on appeal from a successful opposition to a UK trademark application highlights that additional elements in a mark may not be sufficient to avoid a likelihood of indirect confusion. Read more
In Extreme Toys Ltd v Seven Towns SA, the Israeli registrar of trademarks has held that the shape of the Rubik’s Cube was functional and was thus ineligible for registration as a 3D mark. Read more
The General Court has found against MasterCard International Inc and annulled 12 decisions of the Second Board of Appeal of the EUIPO regarding oppositions based on the MasterCard logos. Read more
This decision of the US Court of Appeals for the Second Circuit is of particular interest to companies looking to protect and enforce their trademarks in the United States when confronted with a declaratory action for abandonment by a non-US entity. Read more
@WTRmagazine RT @WebTMS: Do you have a couple of minutes to help @WTRMagazine assess the non-legal trademark services supplier market? Take the quick su… Read more
09Jul2020
@WTRmagazine RT @MarksmenTweets: “Encouraging message to #brandowners” – why Under Armour’s victory in China is bad news for #counterfeiters https://t.…Read more
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