Monday, 25 April 2022
WINEAPP v WINESAPP: differences between graphic elements sufficient to distinguish between marks
Although the verbal elements of the marks were almost identical, the differences between their visual components meant that consumers could reasonably distinguish between them.
UDRP: silence doesn't mean bad faith
While a UDRP panel may draw inferences from a respondent’s default, such default is not necessarily an admission that the complainant’s claims are true.
Friday, 22 April 2022
SO… distinctive? General Court deals blow to L’Oréal in opposition proceedings
A key aspect of the decision was the reasoning used isolate the distinctive and dominant element of the signs in order to conclude that there was a likelihood of confusion.
IP rights in Chile’s new Constitution: the debate goes on
There have been heated discussions concerning the issue of fundamental rights, including the right to property - which includes, in turn, IP rights.
Thursday, 21 April 2022
Unilever may keep its CIF trademarks in Norway, but is not allowed to use them
In a decision that leaves some questions unanswered, the appeal court found that Lilleborg had lost its right to protest against Unilever’s registration of the CIF marks due to passivity, but not to react against their use.
Bulgari successfully prevents rival from using similar mark for jewellery, but fails to make prima facie case of design infringement
High-end jewellery company Bulgari has obtained mixed results in its dispute with Indian rival Notandas Gems Pvt Ltd over the SERPENTI/SERPENTINE marks.
Wednesday, 20 April 2022
General Court highlights proximity between goods in Classes 32 and 33
As a large number of non-alcoholic beverages in Class 32 and alcoholic beverages in Class 33 are generally consumed or marketed together, there was a proximity between those types of goods.
Major raid on fake mobile phone accessories store carried out in Lima shopping centre
Over 1,200 fake mobile phone accessories bearing brands such as Apple, LG, Samsung and Sony have been seized in a store located in an affluent part of the capital.
Tuesday, 19 April 2022
South African courts ponder SOUL
Can a company monopolise the word ‘soul’ for foodstuffs and restaurant services? This question has been debated at length in South Africa, thanks to the efforts of Golden Fried Chicken (Pty) Ltd, the owner of the registered trademarks SOUL and SOUL KITCHEN.
Complainant fails to score in cannabis domain name dispute
Trademark owners wishing to recuperate a domain name through UDRP proceedings should always bear in mind that the overall burden of proof rests with them.
Thursday, 14 April 2022
Letters of consent and conflicting views on the public and private interests
A review of recent trademark refusal appeal cases suggests that, in contrast to the CNIPA, the Beijing IP Court continues to accept the evidentiary value of letters of consent to co-exist in deciding whether a likelihood of confusion may arise.
Supreme Court issues landmark decision in punk music band trademark dispute
The members of punk band Vanemõde, which was famous in the 1980s, have been involved in a long-running dispute over who is entitled to register the name of the band as a trademark.
Wednesday, 13 April 2022
Rubik’s Cube: another throw of the dice
In a blow to Seven Towns Ltd, the UK toy company which manages the rights to the Rubik’s Cube, the Tel Aviv District Court has upheld the decision of the registrar ordering the removal from the register of three 3D marks for the shape of the Rubik’s Cube.
Deadlines in IP matters before the Ukrainian IPO: important update
It is currently unclear how missing a deadline before the Ukrainian IPO will be treated while martial law is in effect. This update highlights some key points for trademark owners and practitioners.
Tuesday, 12 April 2022
General Court confirms that LG Electronics’ AION trademark is not confusingly similar to Ionfarma’s earlier trademarks
The decision of the General Court provides a primer on how to assess the similarity of goods.
Supreme Administrative Court considers effect of shifting class categories on scope of protection
The court ruled that trademark owners shall not be at fault in non-use revocation actions when the TIPO has changed its interpretation of the goods/services classification.
Monday, 11 April 2022
New labelling requirements for foodstuffs and non-alcoholic beverages: what you need to know
Under the Act for the Promotion of Sustainable Nutrition, it is mandatory to include certain warnings on the packaging of foodstuffs and non-alcoholic beverages. The implementing regulation of the act has recently been passed.
Similarity of short trademarks: Patent and Trademark Office deviates from practice in groundbreaking decision
In a landmark decision, the Turkish Patent and Trademark Office has adopted a broader approach when assessing the similarity of short trademarks.
Friday, 08 April 2022
Board of Appeal provides further guidance on rules surrounding trademark system abuse
The case is significant as it further develops the conditions established in SANDRA PABST, which took a strong stance against Michael Gleissner’s abusive practices.
Half-baked case: no misappropriation or false advertising given over-broad allegations
In this dispute involving competitors in the bread industry, the court concluded that the alleged trade dress for the Grandma Sycamore’s Home-Maid Bread was generic and unprotectable.
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