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01 May 2018

Coexistence of trademarks: Federal Court's decision reaffirms limited scope of consent agreements

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.

01 February 2018

Brands unprepared for reputational damage of fake news and hate speech on digital ad platforms: report

Report reveals that few brands have taken adequate measures to prevent online ads appearing alongside potentially damaging content – including fake news.

01 February 2018

TTAB grants motion for summary judgment as to fraud counterclaim

In Kastle Systems v Lee Strategy Group, the TTAB has granted the opponent’s motion for summary judgment, dismissing the applicant's fraud counterclaim.

31 January 2018

Polo/Lauren Company fails to invalidate 'polo player' mark

The Polo/Lauren Company has failed to invalidate the Royal County of Berkshire Polo Club's registration for a composite mark containing the word 'polo' and the device of a polo player.

30 January 2018

Food for thought: UDRP d(ish)oomed to fail

A WIPO panel has refused to transfer a domain name identically reproducing the complainant's trademark as there was insufficient evidence that it was registered and used in bad faith.

30 January 2018

Trump's tough talk on trade could reverse improving US business sentiment towards IP in China

US businesses have reported improved confidence in China’s economy. However, the political war of words between the two countries threatens to dampen growing confidence in the IP environment in China.

25 January 2018

WIPO hits back after ICA sets its sights on UDRP providers and panellists

The Internet Commerce Association has published a document making a series of recommended reforms for the UDRP system, which WIPO claims “betrays a clear misunderstanding of the actual mechanics of impartial and efficient ADR case management”.

25 January 2018

ECJ rules that repair clause applies to replica wheel rims

In a long- awaited decision, the ECJ has held that replica wheel rims fall under the protection of the so-called 'repair clause' under Regulation 6/2002.

24 January 2018

ECJ overturns outsourcing procurement by EUIPO

The ECJ has overturned an outsourcing procurement by the EUIPO, although the latter avoided having to pay damages to a disappointed bidder.

19 January 2018

Toyota loses appeal against PRIUS trademark registration

The Supreme Court has dismissed Toyota’s appeal against the order of the Division Bench of the Delhi High Court permitting the use of the PRIUS mark by Prius Auto.

19 January 2018

Victoria's Secret fails to prove bad faith in Beijing High Court

The Beijing High Court has upheld the rejection of Victoria’s Secret’s opposition against the registration of the mark 维多利亚的秘密VICTORIA’S SECRET in Class 42.

21 March 2018

Bohemia decision: Federal Court confirms approach to distinctiveness assessment where mark contains geographical term

In Bohemia Crystal v Host Corporation, the Federal Court of Australia has found that the marks BOHEMIA and BOHEMIA CRYSTAL were not distinctive as they indicated a geographical origin known for crystal glassware.

21 March 2018

Trademark Office clarifies when applications may be modified – what applicants need to know

The Colombian Trademark Office has published an article clarifying when and to what extent it will be possible to amend a trademark application.

19 March 2018

Commodores decision: former band member must sail on down the line

In Commodores Entertainment Corp v McClary, the US Court of Appeals for the 11th Circuit has upheld a permanent injunction precluding a musician from using the trademarks of his former band. 

15 March 2018

First Circuit allows Chapter 11 debtor to terminate trademark licence; creates split with Seventh Circuit

In In re Tempnology, the US Court of Appeals for the First Circuit has held that Chapter 11 debtors may reject trademark licences, thus creating a split with the Seventh Circuit over a company’s ability to terminate a trademark licence while in bankruptcy.