The Court of Appeal has considered when unregistered use can defeat an existing trademark registration, finding that localised unregistered use may be sufficient to invalidate a registered mark.
Over the first two months of the year, there has been little anti-counterfeiting messaging emanating from Alibaba. We speak to brand owners about whether there has been much under-the-radar activity.
Intellectual property experts have seized on gaps in ICANN's latest WHOIS model, claiming it could create significant roadblocks to effective enforcement efforts.
The Standard Organisation of Nigeria and the National Agency for Food and Drugs Administration and Control have entered into a partnership to tackle and combat fake and substandard products in the country.
Alibaba Group has confirmed that membership to its Anti-Counterfeiting Alliance has climbed to over 100 brands. Exclusive survey data reveals the Chinese retail giant is still a challenge for rights holders – but respondents claim Amazon is “less and less willing to help brand owners”.
China’s State Intellectual Property Office has revealed that filing review times at the trademark office will be reduced to six months by the end of the year and to four months by 2020. We speak with experts in the country for their view on the implications of this ambitious move.
The advocate general has delivered another blow to Nestlé in its long-running attempt to register the shape of its four-fingered Kit Kat bar as a three-dimensional EU mark.
In opposition proceedings against the device mark LIVINGSOCIAL, the Beijing IP Court has held that, without compelling evidence that the mark was created independently, it infringed the prior copyright of LivingSocial.
The EU General Court has confirmed that there was a likelihood of confusion between YAMAS and LLAMA for alcoholic drinks due to the high phonetic similarity between the marks for the Spanish-speaking public.
The Federal Court of Canada has upheld the refusal to register EDMOND DE ROTHSCHILD because it was confusing with the registered mark ROTHSCHILD - despite the fact that the applicant submitted a consent agreement with the owner of the cited mark.
The EU General Court has confirmed a decision of the EUIPO upholding the Italian government’s application for a declaration of invalidity of the figurative mark LA MAFIA SE SIENTA A LA MESA.
In a somewhat unusual decision, the Turkish Court of Appeal has found that the words 'stick' and 'stix' were the dominant elements of the plaintiff's trademarks and that they were distinctive for Class 30 goods.
A trademark application for the term SERIAL, filed by the creators of the popular podcast of the same name, has been refused. It comes as research reveals that many popular podcasts have no registered protection.
Although the payment of official fees to the Venezuelan IP office has been suspended temporarily, foreign brand owners should be prepared and ensure that their representatives are nevertheless sent the relevant fees.
In Klipsch v ePRO the US Court of Appeals for the Second Circuit has adopted a standard that “discovery sanctions should be commensurate with the costs unnecessarily created by the sanctionable behaviour”.