Tuesday, 10 January 2023
Clearer guidance on parallel imports of medicinal products
The CJEU’s decision in this case - together with the other decisions issued on 17 November 2022 - provides important guidance for trademark owners and parallel importers in the pharmaceutical industry.
Functionality dooms alleged trade dress protection
The case shows that a party alleging trade dress infringement should consider the strength of its non-functionality arguments.
Monday, 09 January 2023
Draft revision to Anti-unfair Competition Law - key points highlighted
A significant number of articles relate to the emergence of new forms of unfair practices in the digital economy, while other amendments aim at strengthening the supervision of traditional unfair behaviours.
Following trademark decision, UKIPO reviews UK address for service for international registrations designating the UK
The UKIPO has suspended actions involving international registrations designating the United Kingdom while it considers the implications of the decision in MARCO POLO.
Friday, 06 January 2023
Trademark application fees to be reduced in 2023
In welcome news for trademark owners and applicants in Switzerland, the Federal Council has approved the reduction of various fees in connection with trademark matters.
NIKE Innovate prevails in opposition based on family of AIR trademarks
NIKE Innovate CV successfully prevented the registration of AIR MIX in Class 25 based on its earlier marks AIR MAX, AIR ZOOM and AIR FORCE I.
Thursday, 05 January 2023
General Court annuls Board of Appeal decision concerning tactile position mark
Before examining the distinctive character of the sign under Article 7(1)(b) of Regulation 207/2009, it was first necessary to decide whether the sign was a trademark under Article 4.
PTO annuls I’CELAND mark in Class 30, applying material truth principle
In a victory for the Ministry for Foreign Affairs of Iceland, the PTO’s Administrative Court of Appeals has annulled the registration of the mark I’CELAND, finding that it fell within the absolute grounds for refusal.
Wednesday, 04 January 2023
Novartis succeeds via UKIPO’s critique of VESIQUE
This case shows that it is reasonable for a party to doubt the merits of a preliminary indication issued by the UKIPO when it is not in its favour.
UDRP complaint falls at the first hurdle
The case falls into the rare class of cases where a complainant is found not to have standing to bring a complaint under Paragraph 4(a)(i) of the UDRP.
Tuesday, 03 January 2023
Court of Appeal gives hope to Tesco in dispute with Lidl
The outcome of the appeal by Tesco arguably lowers the hurdle for bad-faith invalidity claims that was set by the High Court decision.
First Amendment punches out alleged Lanham Act violation
The case addresses the balance between trademark rights under the Lanham Act and the First Amendment right to protected expression.
Friday, 16 December 2022
Good news for Twitter as High Court dismisses bird device appeal
The decision provides an important clarification on the concept of ‘distinctiveness’ and its application in the inquiry regarding the similarity of the marks.
TTAB: “prominent portion” of varietal name cannot be registered as trademark
Marks that constitute the “prominent portion” of a varietal denomination are unregistrable under Sections 1, 2 and 45 of the Trademark Act, because they are generic for the varietals they identify.
Thursday, 15 December 2022
Delhi High Court allows appeal in NO TURN dispute
In a dispute over the use of NO TURN for mattresses, the Division Bench of the Delhi High Court has overturned a decision of the single judge refusing to grant an injunction restraining the defendant from using the mark.
Patent and Trademark Court issues decision on bad faith in cheesy dispute
In this dispute between two cheese companies, the court issued a decision on bad faith pursuant to the new EU-adapted trademark legislation.
Wednesday, 14 December 2022
Blow for Apple as court confirms refusal to register podcast icon as a trademark
The decision highlights the importance of registering trademark rights as early as possible.
Energy Beverages v Frucor Suntory: certainty for colour trademarks in New Zealand?
In this dispute between competitors Energy Beverages and Frucor Suntory over the use of the colour green for energy drinks, the Court of Appeal has allowed Frucor’s trademark registration to remain on the register.
Tuesday, 13 December 2022
Press # for options, but not for a trademark registration
The case serves as a reminder of the importance of shepherding a trademark’s use in commerce.
General Court considers classification of goods in Classes 7 and 8
The court confirmed that the goods in respect of which the owner of the STAYER marks had adduced proof of genuine use did fall within Class 8, and not within Class 7.
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