Monday, 20 September 2021
New precedential judgment: offering product for sale through ‘hidden link’ is presumed unlawful
In a dispute involving Facebook, adidas and an individual who managed a Facebook group promoting branded products, the Tel-Aviv District Court has held that the offering for sale of products through a ‘hidden link’ scheme was unlawful.
EURid extends citizenship criteria and gives last chance to UK registrants
The ‘.eu’ registry has updated its registration rules to enable expats from three additional countries to register ‘.eu’ domain names, and announced that Brexit-related withdrawn domain names could still be recovered by the end of this year.
Friday, 17 September 2021
Applications to register names of Chinese Olympic champions rejected ex officio
The Chinese Olympic Committee recently publicly reprimanded trademark squatters for attempting to register the personal names of Chinese Olympic champions. Spurred by the committee’s comments, the CNIPA rejected ex officio a large number of trademark applications for the names of Chinese athletes.
Parallel imports in Venezuela: international trademark owners beware
Although Venezuela has not been seen as a priority by many international companies when it comes to trademark protection, this could change as a result of measures implemented by the Venezuelan government to stimulate imports.
Thursday, 16 September 2021
Partial design applications becoming more popular in South Korea
The steady increase in applications over the past 10 years (particularly by major domestic and foreign companies) suggests that the partial design system has been a useful tool for companies seeking to strengthen their design competitiveness.
Lanham Act reaches foreign defendants’ extraterritorial conduct, but worldwide injunction too broad
In this dispute between a US remote control manufacturer and its former distributors, the US Court of Appeals for the 10th Circuit has considered the extraterritorial reach of the Lanham Act.
Wednesday, 15 September 2021
Bad news for Sony as General Court confirms that VITA mark was not put to genuine use
This decision of the General Court offers insight into whether use of a trademark for gaming consoles would constitute use for “data carriers containing programs” and “audio and/or image carriers (not of paper)”.
Not everyone on the Internet uses aliases
This UDRP decision highlights how having a trademark does not necessarily mean that a rights holder will succeed in obtaining the transfer of a domain name, even if it is identical to that trademark and even if the respondent does not reply to the complaint.
Tuesday, 14 September 2021
Caterpillar v Puma: battle of the big cats
The Federal Court of Australia has refused the registration of sporting company Puma’s PROCAT mark, concluding that its use would be likely to cause confusion with heavy equipment manufacturer Caterpillar’s CAT mark.
New measures for e-commerce supervision come into force
The Measures for the Supervision and Administration of Online Transactions have recently come into effect in China, strengthening the pressure against operators of infringing online stores.
Monday, 13 September 2021
Blow for Sony in GT RACING case
Sony has failed in its attempt to prevent the registration of GT RACING based on its GT and GRAN TURISMO marks, which it uses for its popular Gran Turismo video game.
SANTA CRUZ – a city, place, ship, given name or the Spanish for ‘holy cross’?
This decision of the Borgarting Court of Appeal highlights that, in the assessment of distinctive character, one must not confer greater geographical knowledge to the average consumer than there is basis for.
Friday, 10 September 2021
General Court’s (e)message is loud and clear on law and practice applicable to invalidity assessment
The decision of the General Court in this dispute between Apple and e*Message over the validity of the mark E*MESSAGE underlines the continuity and retroactivity of EU legislation and case law.
Texas Hammer nails trademark infringement appeal
This case presented the first opportunity for the US Court of Appeals for the Fifth Circuit to consider initial interest confusion in the context of search engine keyword advertising.
Thursday, 09 September 2021
WICKED v WICKED SISTER: Full Court confirms no statutory infringement by a party that has not used, but has authorised use of, a trademark
Australia’s Full Federal Court has confirmed that a trademark owner that merely authorises use of its trademark cannot be subject to liability for direct trademark infringement.
Huge raid carried out against clandestine workshop of counterfeit H&S shampoo
The biggest action of the year so far in relation to an IP and public health crime has recently taken place against a clandestine factory in which fake Head & Shoulder goods were produced.
Wednesday, 08 September 2021
Stricter WHOIS rules come into force in Denmark
While ICANN has relaxed WHOIS information requirements due to perceived issues with the GDPR, Denmark has recently made the consequences of not keeping contact information up-to-date harsher for registrants of ‘.dk’ domain names.
Kazakhstan to introduce mandatory digital labelling of footwear
The mandatory digital labelling of footwear is to be introduced in Kazakhstan on 1 November 2021 in a bid to minimise the presence of counterfeit footwear in the country, which currently makes up 48.5% of the local footwear market.
Tuesday, 07 September 2021
Stihl successfully invalidates infringer’s colour combination mark
Andreas Stihl, which owns a trademark for an ‘orange and grey’ colour combination for “chainsaws”, has obtained the invalidation of a trademark consisting of the colours orange, milk white and black for goods in Class 7.
Delhi High Court: adoption of ‘Delhi Public School’ marks by purported “permitted users” prima facie invalid
The Delhi Public School Society has been granted an injunction for the second time in a dispute over the use of the words ‘Delhi Public School’ and a crest logo.
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