Wednesday, 23 March 2022
Acronyms that cannot be pronounced as words enjoy limited distinctive character
According to the Federal Supreme Court, the distinctive character of acronyms depends mainly on whether the sequence of letters can be pronounced as a word, or whether it can only be spelt out.
Korean Customs 2020 statistics show increased seizures of counterfeit goods
The report reveals some interesting trends that may reflect the increase in online shopping due to the covid-19 pandemic.
Tuesday, 22 March 2022
Egg on their face: EOS' 3D shape trademark application rejected
The case highlights the challenges that businesses may face when trying to register less conventional trademarks, such as 3D shape marks.
Suffering for fashion: Oh Polly returns to the High Court
Damages inquiries are reasonably rare and often complex. This dispute between rivals in the bodycon and bandage garments sector serves as a reminder of how the court applies damages principles to an infringement case.
Monday, 21 March 2022
Good news for Huawei as General Court confirms that “computer software” and related goods/services are similar to “computers”
The decision confirms the approach taken by the EUIPO in a number of recent cases, where “software” and other technological apparatus have been found to be similar to “computers”.
Message received: service of complaint by email found sufficient
Email service of the complaint was found to be proper under the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure.
Friday, 18 March 2022
Good news for Molson Coors as court confirms that use within the UK before end of Brexit transition period is use within the EU
In this dispute between rival brewing companies, the General Court found that there is no express provision in the withdrawal agreement that use in the United Kingdom before the end of the transition period is no longer to be regarded as use in the European Union.
Registration date of a domain name is key to UDRP panels
The case highlights that the date of registration is crucial when it comes to demonstrating bad faith under the UDRP.
Thursday, 17 March 2022
General Court annuls revocation of MOOD MEDIA mark
The court found that the Board of Appeal of the EUIPO had erred in excluding evidence showing use of the mark in slightly modified forms.
PEJO’s toilet duck mark flushed down the drain
This dispute between competitors in the toilet cleaner market highlights the criteria to take into account in assessing whether a trademark application has been filed in bad faith.
Wednesday, 16 March 2022
Shenzhen court grants Rmb30 million in damages to mobile phone giant Xiaomi by applying punitive damages
In a landmark decision, the court elaborated comprehensively on the basis for calculating punitive damages and upheld Xiaomi’s claim for damages in full.
General Court confirms lack of likelihood of confusion between EUROBIC and BANCO BIG
In general, consumers of banking services and related goods select their banking institution carefully. Consumers will thus be much more aware of the differences between the signs at issue.
Tuesday, 15 March 2022
Consumer perception of trademarks on fast-moving consumer goods: weight of visual impression overcomes high degree of phonetic similarity
As the goods were ordinary consumer products commonly purchased in supermarkets or establishments where goods are arranged on shelves, consumers would be guided by the visual impact of the mark they were looking for.
Appeal court confirms that ‘Luke’s’ restaurants can coexist
This dispute between rival dining establishments operating under the names ‘Luke’s Oyster Bar & Chop House’ and ‘Luke’s Lobster’ highlights that initial interest confusion is insufficient for both passing off and trademark infringement.
Monday, 14 March 2022
Easygroup v Beauty Perfectionists: UK courts provide post-Brexit clarity for brand owners
The decision allows the UK courts to maintain jurisdiction as EU trademark courts in infringement proceedings still pending at the date of the United Kingdom’s exit from the European Union.
Stay of execution for ‘.xxx’ Sunrise B blocks
This latest extension of the deadline for converting ‘.xxx’ Sunrise B blocks will allow brand owners who have not already done so to retain the protection of their brands, both in the ‘.xxx’ TLD and in the other associated TLDs.
Friday, 11 March 2022
CODY’S v CODE-X: General Court considers visual and aural perception of marks in beverages sector
There was no evidence to suggest that the relevant public would buy the goods at issue in conditions such that the phonetic similarity between the marks would carry more weight than the visual or conceptual similarity in the assessment of the likelihood of confusion.
Apex court elucidates effect of disclaimed words in infringement action
This landmark decision has far-reaching implications, beyond the confines of trademark infringement.
Thursday, 10 March 2022
AVIV v AVIVE: High Court rejects expanded approach to whether goods can be considered complementary
Goods or services should have a similar nature, method of use and purpose; an overlapping user base will be insufficient to establish complementarity.
Australian association of grape growers and winemakers corks application to register ‘Prosecco’ as GI in Singapore
The evidence of sales of Australian Prosecco was sufficient to establish a likelihood of consumers being misled if ‘Prosecco’ were to be registered as a GI.
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