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02 March 2018

Constitutional Court softens country's stance on parallel imports

The Constitutional Court has confirmed that the principle of national exhaustion of trademark rights is constitutional, but  has increased the burden of proof imposed on trademark owners in parallel importation cases.

01 March 2018

US government report finds staggering ratio of fakes on major e-commerce sites: calls for agencies to step up

A new report by the US government’s Accountability Office (GAO) has found that US agencies could be doing significantly more to tackle the growing threat of counterfeit goods.

30 October 2017

TRES TOROS 3 rejected due to geographical indication

In Bodegas Verdúguez, SL v the European Union Intellectual Property Office (EUIPO), the EU General Court upheld a EUIPO Fifth Board of Appeal decision to refuse an application for the denominative mark TRES TOROS 3. It held that the appellant did not prove that the mark would be perceived by the relevant public as a semantic unit which refers to a bullfight between three bulls, rather than the protected designation of origin 'Toro'.

27 October 2017

Tobacco industry’s revolution – thriving brands, new products and shifting markets: exclusive data analysis

In this industry report, we shine a light on trends in the tobacco sector, reviewing the performance of the top brands in the field and analysing the broader trademark landscape in which they operate.

27 October 2017

Versailles fails to recover domain name

In a recent decision under the Uniform Domain Name Dispute Resolution Policy before the World Intellectual Property Organisation, a single-member panel denied the transfer of a domain name consisting of a city name, 'visitversailles.com'. The complainant failed to prove bad faith and that the defendant had registered the domain name for its trademark value, as opposed to its descriptive value.

26 October 2017

Indonesia’s accession to the Madrid Protocol

Indonesia has officially become the 100th member of the Madrid Union. Minister of Law and Human Rights Yasonna H Laoly deposited the country’s instrument of accession to the Madrid Protocol with the director general of the World Intellectual Property Organisation during the 57th General Assembly in Geneva.

26 October 2017

Star-shape model invalid due to lack of individual character

8 seasons design GmbH filed a declaration of invalidity against Lothar Rühland’s Community registration of a light model, due to lack of individual character on the basis of its prior Community design. The EU General Court upheld the design’s invalidity, holding that the conflicting designs, dominated by a star shape, produced the same overall impression on informed users.

24 October 2017

ICANN under pressure over GDPR preparations, as future of WHOIS is mired in uncertainty

ICANN has come under fire for excluding the full community in its exploration of the General Data Protection Regulation’s impact on the WHOIS system.

23 October 2017

IP services sales blitz continues; Corsearch to be purchased by private equity firm in $140 million cash move

It has been announced that information services company Wolters Kluwer has agreed to sell trademark search platform Corsearch to private equity entity Audax Group in a $140 million deal. The move is the latest acquisition in a series of deals centred on IP services companies, and once again demonstrates the attractiveness that private equity firms see in IP technology.

20 October 2017

Mexico shows robust filing figures, as services overtake goods for first time: exclusive data analysis

In World Trademark Review’s latest country data report, we take a look at Mexico and how brands fare in the country.

18 October 2017

German Federal Court rules on Google’s Image Search

The Federal Court of Justice has handed down a judgment of utmost importance for the exploitation of copyright on the Internet. The decision, which will become known and referred to under the name Thumbnail III, examined whether the display of preview images in search results constituted an act of making available a copyright work in the sense of the copyright law.

16 October 2017

Trademarks Act applies to counterfeit and grey market goods

In a recent case concerning the correct construction of Section 92(1) of the Trademarks Act 1994, the Supreme Court dismissed an appeal and upheld the Crown Court decision that a High Court trial can proceed.

16 October 2017

Checked pattern held to be well-known trademark

In an unusual trademark case concerning a blue-and-white checked pattern used on bed linen, the Danish Maritime and Commercial High Court has ruled in favour of Hästens Sengar AB, which sued the Nordicform group of companies for infringement. The court held that the pattern had acquired distinctiveness through use and the relevant consumers were expected to show a high degree of attention due to the character and price of Hästens beds.

13 October 2017

Aldi involved in unusual case

The EU General Court has cancelled an opposition decision in the unusual Aldi v the EU Intellectual Property Office (EUIPO) case, on the grounds that the EUIPO Board of Appeal did not take into consideration the request for a stay because Aldi had filed a forfeiture for lack of use action. The decision leaves the EUIPO in a difficult situation if a request for a stay is made.

11 October 2017

Digital language databases more effective than dictionaries or media usage to defend against genericide: study

A recent study has analysed the three most common forms of evidence used in genericism cases and found that corpus linguistics (ie, the use of a digital language databases) could prove to be “more beneficial” for rights holders looking to protect their brand from the threat of genericide. However, the author urges cautions over its use, saying that courts should reconsider the use of linguistic data altogether and reclaim the primary significance test in genericism cases.