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22 February 2008

CIRA orders transfer of 'formica.ca'

A Canadian Internet Registration Authority panel has ordered the transfer of the domain name 'formica.ca' to the owner of the FORMICA mark. Among other things, the panel found that the registrant had no legitimate interest in the 'formica.ca' domain name.

22 February 2008

Honda Engine Case remanded for retrial

The Supreme Civil Court has remanded to the Court of Appeals a case involving the alleged infringement of the configuration of Honda Motors Co Ltd's GX160 engine based only on rights acquired through use. The Supreme Court delivered a thorough analysis of rights acquired through use in Greece.

08 April 2008

CIT has no jurisdiction over challenge to seizure of fake goods

In Sakar International Inc v United States, the US Court of Appeals for the Federal Circuit has vacated a Court of International Trade decision and remanded with instruction to dismiss for lack of jurisdiction. The court held that the seizure of counterfeit goods under 19 USC §1526(e) did not constitute an embargo because the goods could have been released for importation with the trademark owner's consent.

03 April 2008

Round two for BUKHARA Case in Second Circuit

In ITC Limited v Punchgini, the US Court of Appeals for the Second Circuit has upheld an award of summary judgment in favour of the defendants in light of the response of the New York Court of Appeals on the applicability of the 'famous marks' doctrine under state law.

02 April 2008

Ninth Circuit amends HOT WHEELS decision

The US Court of Appeals for the Ninth Circuit has amended its August 2 2007 opinion in Jada Toys Inc v Mattel Inc, which reversed and remanded a district court decision granting summary judgment in favour of Jada Toys Inc. The amended opinion applies the new standards of the Trademark Dilution Revision Act, instead of those set forth in the Federal Trademark Dilution Act.

02 April 2008

Massachusetts Institute of Technology wins fight over MIT mark

The Taipei High Administrative Court has dismissed an appeal against a decision to refuse registration of the trademark MIT EDUCATION GROUP MULTIPLE INTELLIGENCE TECHNOLOGY, MULTIPLE INTELLIGENCE EDUCATION on the grounds that there was a likelihood of confusion with the Massachusetts Institute of Technology's famous mark MIT.

26 March 2008

SIPO's request for review rejected by Supreme Court

The Supreme Court has rejected a request for review of an Administrative Court decision filed by the Slovenian Intellectual Property Office. The Supreme Court held that SIPO had no legal standing to request the review under the provisions of the new Act on Administrative Disputes.

25 March 2008

Customs not up to the mark in WELLA Case

The Commercial Court has dismissed an action filed by the Customs Authority on the grounds that the latter had failed to prove that hair care products bearing the mark WELLAFLEX infringed the trademarks WELLA and WELLAFLEX. The decision highlights the fact that the authority must establish a chain of evidence in order to prove that goods are counterfeit.

25 March 2008

Debate on time limits in cancellation actions put to an end

The General Assembly of the Court of Appeals has put an end to the debate as to the interpretation of the term 'date of registration' in Articles 14 and 42 of the Trademark Law 556. The court held that the date on which the last act of the registration procedure is carried out shall be deemed to be the date of registration of a trademark for the purpose of determining the limitation period in cancellation actions.

20 February 2008

Advocate General delivers opinion on comparative advertising

Advocate General Mengozzi has delivered his opinion on questions on comparative advertising referred to the ECJ by an English court in O2 Holdings Limited v Hutchison 3G Limited. Should the ECJ follow Mengozzi's opinion, disputes about the use of trademarks in comparative advertising will be considered in light of the Comparative Advertising Directive, rather than trademark infringement principles.

19 February 2008

YouTube obtains cancellation of 'youtube.gr'

The National Telecommunications and Post Committee, the authority responsible for the supervision of the administration of domain names in Greece, has ordered the cancellation of the domain name 'youtube.gr'. Among other things, the committee recognized that the YOUTUBE mark was famous and notorious in Greece.

18 February 2008

Irreparable harm must be demonstrated in injunction cases

In Hyundai Auto Canada v Cross Canada Auto Body Supply (West) Limited, the Federal Court of Appeal has confirmed that, in the absence of clear evidence of irreparable harm which cannot be compensated in damages, the courts will refuse to grant interlocutory injunctions.

14 February 2008

IDEA and IKEA are not similar, says CFI

In Inter-Ikea Systems BV v OHIM, the CFI has upheld a decision by the Board of Appeal of OHIM which set aside a decision by the Cancellation Division declaring that the figurative mark IDEA was invalid. Among other things, the CFI held that as the verbal element 'idea' of the contested trademark is recognized immediately, this outweighs any aural similarity between IDEA and the earlier mark IKEA.

13 February 2008

A mark that has been revoked can be cancelled

In T-Mobile (UK) Ltd v O2 Holdings Ltd, the appointed person has held, among other things, that the fact that a party has made an application for revocation of a trademark on the grounds of non-use under Section 46 of the Trademarks Act does not as a matter of course preclude that party from subsequently applying for a declaration of invalidity of the same mark under Section 47.

12 February 2008

Court of Appeal denies protection to single colour

In British American Tobacco Kenya Ltd v Cut Tobacco Kenya Ltd, the Court of Appeal has held that there can be no proprietary rights in a particular colour and, in general, in words that are descriptive of goods. The case contains an interesting analysis of how the laws on trademark infringement and passing off are applied in Kenya.