Tuesday, 20 June 2023
Norwegian IP owners may pursue international infringement matters before the Norwegian courts
The decision opens the possibility of pursuing international infringement cases before the Norwegian courts where both parties are Norwegian registered companies.
Colombia and Venezuela sign first bilateral treaty for the promotion and reciprocal protection of investments, including IP assets
The treaty ensures security and protection for investors from both countries and explicitly encompasses the safeguarding of IP rights.
Monday, 19 June 2023
Batman returns: bat in oval surround found to be distinctive
In a victory for US comic book publisher DC Comics, the General Court confirmed that a mark representing a bat in an oval surround was distinctive for goods in Classes 25 and 28.
UDRP: evidence of bad faith should not be cryptic
As the complainants’ claim that they had used the mark at issue since 2019 was central to their case, one would have expected them to tender far more actual evidence than a single quotation.
Friday, 16 June 2023
Jack & Victor whisky still game after overcoming Jack Daniel’s opposition
While the UKIPO accepted that Jack Daniel’s had a family of JACK-formative marks, consumers would not view the JACK & VICTOR mark as being part of that family.
New applicant-friendly amendments to the Design Protection Act
Notably, the time limit to file an application for a related design has been extended from one year to three years of the filing date of the application for the principal design.
Thursday, 15 June 2023
Victory for Ferrero in Tic Tac shape mark case
The judgment is significant in that it addresses the validity and infringement of 3D marks that are based on the shape of the packaging of a product, rather than the product itself.
Appeal court issues decision in NORTHERN LIGHTS case
While the registrations for the NORTHERN LIGHT marks are still in force, the scope of protection afforded by these registrations for services in Class 43 is now negligible following the court’s decision.
Wednesday, 14 June 2023
General Court provides guidance on criteria for assessing existence of link between marks under Article 8(5)
Even if the relevant publics are the same or overlap, the goods or services may be so dissimilar that the mark applied for is unlikely to bring the earlier mark to mind.
HIPO tightens criteria for authorised IP representatives
The change is due to the increasing number of cases where applicants and rights holders were represented by persons or companies that were not professional representatives.
Tuesday, 13 June 2023
Rectification applications challenging trademark registrations to remain in abeyance until decision on validity, says Delhi High Court
This is a significant decision on the issue of the maintainability of intra-court appeals.
Sale of domain names can be valid enterprise
The sale of a domain name consisting of a common or dictionary term may be a valid enterprise, and offering a domain name for sale for a high price may be legitimate.
Monday, 12 June 2023
Trademark law professor opposes RAPUNZEL, but consumers lack statutory entitlement
The TTAB has dismissed an action filed by a law professor on the ground that a mere consumer is not entitled to oppose under Section 13 of the Trademark Act.
Important practice change regarding word marks containing references to shapes or motifs
The change was prompted by a decision of the Swiss Supreme Court concerning the word mark BUTTERFLY.
Friday, 09 June 2023
General Court: EMMENTALER is not registrable as a trademark for cheese
The derogation from Article 7(1)(c) of Regulation 2017/1001, provided by Article 74(2) concerning signs that may constitute EU collective marks, must be interpreted strictly.
On the road again: alternative designs may impact trade dress functionality analysis
The Sixth Circuit reversed and remanded the district court’s grant of summary judgment, finding that the existence of alternative designs was relevant to the functionality determination.
Thursday, 08 June 2023
JPO Appeal Board rejects registration of Hermès packaging colours
The board found that the market research submitted by Hermès was insufficient to prove that its colour mark had acquired distinctiveness through use.
PTO issues important decision on distinctiveness of trademarks consisting of device element and descriptive words
The decision sheds light on the criteria to be applied to the examination of composite trademarks.
Wednesday, 07 June 2023
EUIPO Board of Appeal confirms refusal of mark consisting of sequence of numbers
The Board of Appeal upheld the refusal to register a figurative mark consisting of the numbers 0 to 23 arranged on three lines, filed by French luxury fashion house MARGIELA.
Opposition against registration of MÁNUKA HONEY succeeds
This decision may be relevant for IP lawyers interested in the protection and recognition afforded to the rights of indigenous people in any country.
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