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.
Friday, 29 July 2022
“My money don’t jiggle, jiggle’’ for failed TIK TOK appeal
The High Court has dismissed an appeal by IT consultancy Tik Tok International Limited against a decision cancelling its registration for TIK TOK in Class 42 in light of the earlier trademark registration owned by well-known online platform TikTok.
Intellectual Property Law further amended – what you need to know
This update highlights the main points of interest for trademark owners and practitioners, including the introduction of a formal opposition procedure.
Thursday, 28 July 2022
The SPINNING mark is still rolling
This is the second decision of the General Court in these long-running proceedings for the revocation of the mark SPINNING for exercise-related goods and services.
Supreme Court: importation of Schweppes products from Ukraine infringes SCHWEPPES trademark
The Supreme Court has reversed a decision of the trial court and held that the importation of Schweppes products from Ukraine does not constitute parallel importation.
Wednesday, 27 July 2022
A catfight before the General Court
The General Court has confirmed that there was a likelihood of confusion between the mark TIGERCAT for goods in Class 7 and Caterpillar Inc’s earlier CAT marks for identical goods.
“Draft Provisions on Prohibiting the Abuse of IP Rights to Exclude and Restrict Competition” released for public consultation
The draft provisions provide guidance to business operators concerning the boundaries on the exercise of their IP rights under the latest anti-monopoly regime.
Tuesday, 26 July 2022
Apex court rules that import and distribution of products meant for foreign jurisdiction constitute infringement and passing off
The key takeaway from this decision is that trademark owners ought to consider indicating on their packaging that the sale of their products is restricted to a particular region or country.
Applicability and apportionment of general overheads in an account of profits: a pursuit of the "least unrealistic" outcome
The case highlights the uncertainty implicit in a claimant seeking an account of profits and the need for the court to take a pragmatic approach.
Monday, 25 July 2022
CNIPA releases draft measures on collective and certification marks for public comment
The draft measures seem to impose heavy requirements on registrants, collective members and users of collective and certification trademarks.
Peruvian Trademark Office protects Dora the Explorer
The office upheld an opposition filed by Viacom International Inc, the owner of the DORA trademark in Class 3, against the registration of a figurative trademark including the element ‘Dora’ in Class 21.
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