Friday, 12 August 2022
KOPOBKA KOROVKA v KRÓWKA: General Court confirms lack of likelihood of confusion
In light of the differences between the marks, the relevant public would not perceive the contested marks as a playful variation of the earlier mark.
Cape Verde accedes to the Banjul Protocol
Cape Verde is the third country to join the Banjul Protocol in as many years.
Thursday, 11 August 2022
Decision demonstrates risks if attorneys “go fetch” and lodge their own evidence in trademark proceedings
IP attorneys in New Zealand may find themselves having to prepare and lodge evidence in IP proceedings, which would more suitably be provided by their client directly. This decision in invalidity proceedings against the mark GO FETCH highlights this risk.
SENADI refuses to register mark in Class 41 on the ground that it would affect Netflix’s rights
SENADI considered that there was a likelihood of confusion or association between the mark CHOLOFLIX and Netflix Inc’s earlier mark NETFLIX, which both covered Class 41 services.
Wednesday, 10 August 2022
USPTO lowers the bar for genericness refusals
In a clear departure from longstanding practice, Examination Guide 1-22 asserts that “there is no statutory basis for applying a heightened standard”.
General Court confirms lack of bad faith in long-running GUGLER saga
The application for registration of the contested mark had an underlying commercial logic of expansion and of ensuring adequate protection for the family name Gugler.
Tuesday, 09 August 2022
Supreme Court of Appeal rules on effect of disclaimers and admissions
This is a rare example of a judgment tackling the issue of the effect of an endorsement, such as a disclaimer or an admission.
First judgment to test e-commerce platform liability for IP infringement in Thailand
The IP & IT Court has issued a landmark judgment finding that Alibaba was not liable for a third party’s alleged IP infringement on its platforms.
Monday, 08 August 2022
New trademark law enters into force - what you need to know
This update highlights the main points of interest for trademark owners and practitioners, including the removal of the graphical representation requirement and the introduction of additional absolute and relative grounds for refusal.
General Court considers use of trademark for hotel services where hotel is located outside the EU
The decision highlights that, where goods or services are provided abroad, advertising alone may be sufficient to amount to genuine use.
Friday, 05 August 2022
No two ways: Nestlé blocks opposition by a2 Milk
The registrar concluded that the elements ‘Atwo’ in Nestlé’s mark and ‘A2’ in a2 Milk’s mark did not constitute a common element.
Milan court admits parent company's liability for infringement and allows INDICAM’s participation in relevant trials
This landmark decision establishes the liability of the parent company, not only for the damages caused, but also for the restitution of the profits made by its subsidiaries.
Thursday, 04 August 2022
General Court: Board of Appeal failed to examine links between parties in order to assess bad faith
The Board of Appeal ruled out the existence of bad faith without taking account of the relevant factors specific to the particular case - which, had they been taken into account, might have changed its assessment.
Hells Angels succeeds in trademark infringement claim against Redbubble for a second time
The court rejected Redbubble's argument that the fact that it took steps to prevent infringement of third-party rights should mean that injunctive relief should not be granted.
Wednesday, 03 August 2022
LA IRLANDESA - a tale of ‘buttery’ bad faith
The General Court confirmed that, at the date of application, the trademark owner “intended to trade unfairly to transfer the advantage derived from the association with Ireland to goods not having that geographical origin”.
It’s official! GATORADE marks are the first to be declared notorious
The general director of ONAPI has confirmed that the word mark GATORADE and the ‘G and lightning bolt’ logo are notorious trademarks for goods in Class 32.
Tuesday, 02 August 2022
No winners here: a case can have no prevailing party
In a matter of first impression, the US Court of Appeals for the 11th Circuit has considered whether legal cases can end in a tie or whether a prevailing party must be named.
Transit of counterfeit goods: a Turkish perspective
In 2020 the Criminal General Assembly of the Supreme Court issued a landmark precedent on the issue of whether goods in transit may constitute trademark infringement under the relevant legislation. It is expected that the courts will follow this precedent in a recent case.
Monday, 01 August 2022
General Court assesses bad faith in trademark revival dispute
The court accepted that the applicant had made his own commercial efforts in order to revive the image of a former Czechoslovak trademark and to restore its reputation at his own expense.
Amendments to the Rules and Regulations on Inter Partes Proceedings take effect
The amendments pursue the IPOPHL’s objectives to modernise the rules and procedures for the adjudication of IP cases, and to ensure accessibility of services, resiliency and cost efficiency.
Get unlimited access to all WTR content