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31 May 2018

Largest-ever amount of compensation awarded in trademark infringement dispute between publishing houses

In a dispute between two publishing houses over the use of a logo, the Moscow City Arbitration Court has awarded the largest-ever compensation in an IP case in Russia.

22 May 2018

Have you been 'adversely affected' by a trademark decision?

In CeramTec GmbH v EUIPO, the EU General Court has provided some guidance as to what it means to be ‘adversely affected’ by a decision of the EUIPO. 

22 May 2018

Second Circuit: fraudulent lawsuit allegations insufficient to maintain RICO claim

In Kim v Kimm, the US Court of Appeals for the Second Circuit has affirmed the dismissal of a complaint alleging a scheme to fraudulently bring a trademark infringement lawsuit.

18 May 2018

India’s revitalised trademark landscape fails to boost leading brands: exclusive data analysis

In this week’s exclusive country data report, we provide a rundown of India’s trademark landscape. We explore the surge in registrations at the Indian IP office, reveal the top filers, and inspect the widespread fall in value of the country’s top brands.

04 June 2018

KUNG FU PANDA decision: assessing the scope of protection afforded to merchandising rights

The decision of the Beijing High Court in DreamWorks Animation LLC v TRAB provides guidance as to the scope of protection that should be afforded to merchandising rights.

03 June 2018

Japan’s filing trends are distorted by a single applicant, while brands plummet in value: exclusive data analysis

In this week’s country data report, we highlight Japan’s unusual distribution of applications by trademark class, analyse the volatile values of the leading Japanese brands, and much more.

01 June 2018

California district court recognises plausible trademark rights over fictional Star Wars board game

In Lucasfilm Ltd LLC v Ren Ventures Ltd a California federal court has recognised that trademark rights could arise from the use of a mark to identify a fictional board game in a popular literary genre. 

17 May 2018

Appointed person calls last orders on BREXIT mark for beer

The appointed person has dismissed an appeal against the refusal of a UK application to register BREXIT for beer and related goods. The decision highlights the challenges in obtaining trademark protection for a well-known term.

17 May 2018

Staggering rise of trademark applications from Chinese companies revealed

Startling new research reveals that the number of Chinese trademark applications to foreign registers has doubled over the past two years, with Huawei Technologies leading the charge.

28 June 2018

Trump administration tariffs “could help legitimise fake goods”: trade associations join up to sound alarm bells

Six major US trade associations have joined forces to send a letter warning that the Trump administration’s recent tariffs place “significant barriers on the fight against harmful fakes” and calls for an urgent rethink.

25 June 2018

In landmark decision, CJEU holds that Louboutin's red soles are not a shape

In a victory for Christian Louboutin, the Court of Justice of the European Union has held that the colour red on the sole of a woman’s high-heel shoe is a position mark.

25 June 2018

Franchise founders criminally indicted for failure to transfer trademarks to franchises

Following a lengthy investigation, the Seoul District Prosecutors’ Office has issued criminal felony indictments against the individual founders of several Korean franchise businesses, charging them with breaches of trust.

29 June 2018

General Court: phonetic differences between marks for beer sufficient to rule out likelihood of confusion, even where goods are ordered orally

The EU General Court has held that the phonetic differences between marks for beer were sufficient to rule out a likelihood of confusion, despite the noisy environment in which the ordering of the product may take place.

28 June 2018

General Court: principle of functional continuity is crucial when assessing similarity of marks

The EU General Court has annulled a decision of the Second Board of Appeal of the EUIPO as the latter had failed to take account of statements submitted to the Opposition Division concerning the lack of conceptual similarity of the marks.

27 June 2018

Are services in Classes 42 and 44 similar to goods in Class 5? The General Court decides

The EU General Court has annulled a decision of the Board of Appeal of the EUIPO, finding that there was a likelihood of confusion between the mark EMCURE in Classes 42 and 44 and the earlier mark EMCUR in Class 5.