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10 July 2002

VeriSign loses another 'domain slamming' suit

VeriSign has lost a fourth lawsuit over its aggressive customer acquisition campaign. The campaign involved the mailing of a controversial "domain name expiration notice" to competitors' customers, encouraging them to switch to VeriSign.

08 July 2002

Parliament gives controversial e-commerce law the OK

South Africa's Parliament has approved a law designed to expand access to the Internet, but critics say it could force the network to shut down in the country. The new Electronic Communications and Transactions Act regulates all electronic transactions and communications, and provides for the administration of the '.za' domain to be taken over by a government body without seeking the approval of ICANN.

10 June 2002

US Congress takes aim at Whois false information problem

Domain name registrants who "knowingly and with intent to defraud" submit incorrect contact information when registering web addresses could face up to five years in jail under legislation introduced in the House by Representatives Howard Berman and Howard Coble.

07 June 2002

Commercial exploitation needed in personal name case, says panel

A WIPO panel has issued an important decision involving domain names sporting the name of Kathleen Kennedy Townsend. The panel declined to transfer the domains to Townsend, noting that the Final Report on the Second WIPO Domain Name Process indicated that the UDRP should be limited to personal names that had been commercially exploited.

07 February 2003

Trademark Law amended to prevent piracy

Changes to the Russian Trademark Law have come into force. The amendments - which bring Russia one step closer to WTO membership - draw a clear line between genuine and counterfeit goods, and toughen the penalties for counterfeiting.

05 February 2003

Debate surrounds NATIVE TASTE lawsuit

Sari Pelita Sdn Bhd has filed suit in the High Court against Balasarasvathi A/P Nagaih and Madura Store Sdn Bhd, alleging that the defendants have been passing off their tea products as the plaintiff's by copying the plaintiff's packaging get-up and design. The case is likely to involve a review of Malaysian case law on trademarks.

03 February 2003

US Bancorp wins 'usbank.us' from search engine site

A National Arbitration Forum panellist has ordered the transfer of 'usbank.us' to US Bancorp Licensing. The panellist held that, although the registrant was using the domain name as a search engine, its primary intention was to sell it - evidence that the domain name had been registered in bad faith.

03 February 2003

Coexistence allowed, but limited, for similar marks in same class

In Microsules y Bernabo SA v Syncro Argentina SAQUIF, the Federal Court of Appeal in Buenos Aires has held that two confusingly similar trademarks for the same class of goods may coexist if the products are not sold in the same places.

31 January 2003

Antitrust authority refuses to rule on trademark dispute

The Central Preventive Commission has outlined new stricter criteria to delineate unfair competition claims from trademark infringement claims, thereby limiting antitrust authorities' jurisdiction in cases involving trademark infringement.

29 January 2003

Argentine courts implement TRIPs-approved temporary injunctions

Two recent cases - one involving the French company L'Oréal, the other involving US company American Home Products Corporation - indicate that the Argentine courts are rigorously applying the provisional measures provided by the Agreement on Trade-Related Aspects of Intellectual Property Rights.

29 January 2003

New Spanish Trademark Law comes into force

New trademark legislation has come into force in Spain, replacing the Trademark Law of 1988. The new law takes into account various international agreements and EU trademark regulations, most notably the Community Trademark Directive.

28 January 2003

Gallo proves strength of mark with domain name transfer

US company E&J Gallo Winery has obtained the transfer of a country-code top-level domain name that infringed its trademark. National Arbitration Forum panellist Charles McCotter found that 'gallo.us' had been registered in bad faith as users were redirected to another site listing a wine directory.

03 December 2002

Oarsome Foursome sneak another victory

In Simply Oarsome Pty Ltd v Oarsome Foursome Pty Ltd, the Australian Trademarks Office has allowed Oarsome Foursome's application for registration of the trademark OARSOME FOURSOME, on the proviso that the application is amended to exclude association with rowing equipment and apparel.

02 December 2002

Bush signs off on Madrid Protocol

President Bush has signed a Justice Department authorization bill allowing the United States to implement the Madrid Protocol. The US Senate passed the advice and consent resolution for the protocol in October, thus removing the final legislative hurdle standing in the way of this important trademark treaty.

29 November 2002

Trademark agreement precludes parallel imports

In Brother v Surlorran the São Paulo Court of Appeal has ruled that despite Brazil's new Trademark Law, an unregistered trademark-use agreement may preclude third parties from importing parallel products into Brazil.