Wednesday, 25 January 2023
Court of Cassation provides guidance on limits of parody in Zorro dispute
The court held that, while the parodistic use of the Zorro character and trademarks was permissible under copyright law, it was unlawful under trademark law.
DELPHI v DEPLHI: PTO’s decision sheds light on interpretation of bad faith
The decision is significant in that it took all factors into account in assessing whether the contested application had been filed in bad faith.
Tuesday, 24 January 2023
Louboutin hot on Amazon’s heels: does CJEU ruling on direct liability really make online platforms shake in their shoes?
Arguably, the ruling does not represent a big shift in the court’s approach to the liability of intermediaries, but rather finetunes existing case law.
Amendments to Banjul Protocol come into force: what you need to know
Among other things, it is now possible for a trademark owner to make a subsequent designation and obtain trademark protection in an additional contracting state.
Monday, 23 January 2023
Philip Morris successfully opposes figurative mark containing abstract MARLBORO mark
By choosing a similar polygonal shape, the trademark applicant clearly attempted to align itself with Philip Morris, without due cause.
On the border of art and trademark: First Amendment trumps the Lanham Act
In this dispute between the owners of the Flora-Bama Lounge and the producers of the reality series Floribama Shore, the 11th Circuit has found that the First Amendment protected use of an artistic work that was not deliberately misleading.
Friday, 20 January 2023
General Court confirms global approach to likelihood of confusion assessment
The decision confirms that the existence of some degree of similarity between both the goods/services and the marks is not, in itself, sufficient for a likelihood of confusion to be established.
Indonesia’s Domain Name Dispute Resolution Forum: an update
This update reviews cases handled by the Domain Name Dispute Resolution Forum and procedural developments in practice.
Thursday, 19 January 2023
New e-commerce regulation sets out details of takedown procedure for infringing content
The new regulation aims to provide a balanced, predictable and speedy procedure to protect IP rights against infringement on e-commerce platforms.
Ignoring well-established UDRP principles results in RDNH
Where a complainant did not exist when the disputed domain name was registered, such a complaint will almost universally result in a denial.
Wednesday, 18 January 2023
The scope of protection of the reputed PUMA trademark has its limits
Sportswear giant Puma SE suffered a major blow in its decade-long dispute with machine tools company DN Solutions.
Bond girl scores win in trademark dispute
The holding company responsible for the copyright and trademarks to the characters, elements and other material related to James Bond on screen has obtained the invalidation of BOND GIRL (and ‘BG’ device) in Class 8.
Tuesday, 17 January 2023
New amendments to Trademark Law aim to eliminate bad-faith trademarks
A pioneering amendment would be the introduction of a mandatory transfer mechanism for bad-faith trademarks
CJEU clarifies concept of ‘earlier right’ under Article 6(2) of Directive 2008/95
The CJEU issued a preliminary ruling on the interpretation of Article 6(2) of Directive 2008/95 (now Article 14(3) of Directive 2015/2436), which concerns the limitation of the effects of a registered trademark.
Monday, 16 January 2023
General Court considers how to establish independent sub-category of goods
The General Court reviewed the criteria to apply for the purpose of identifying a coherent sub-category of goods/services capable of being viewed independently.
Romania amends its trademark law - what you need to know
As of 14 January 2023, interested parties are able to choose whether to bring invalidation and revocation actions before the Intellectual Property Office or before the Bucharest Tribunal.
Friday, 13 January 2023
The Start-up Act 2022 - what you need to know
A key aspect of the new Start-up Act is that it recognises the need for the protection of IP rights for start-up companies.
Belarus: an autumn rich in unfair competition cases
In two recent unfair competition disputes in Belarus, the anti-monopoly authority has reached contrasting decisions.
Thursday, 12 January 2023
General Court annuls partial invalidation in long-running DEVIN dispute
The General Court annulled a decision of the First Board of Appeal of the EUIPO in invalidity proceedings involving the mark DEVIN - the name of a Bulgarian spa town - in Class 32.
KIPO study reveals high number of malicious trademark filings in Korea
The study concluded that there was an alarmingly high number of malicious applications for trademarks on the names of celebrities, TV shows, YouTube channels and cartoon characters, as well as other well-known marks.
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