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09 June 2008

When does a copy not constitute passing off?

In T-Rex Véhicules Inc v 6155235 Canada Inc, the Quebec Court of Appeal has held that although T-Rex Véhicules Inc had a valid trademark right in the design of its T-Rex three-wheel vehicle, there was no likelihood that consumers would be led to believe that the defendants' G-2 vehicles and the T-Rex vehicles came from the same source.

17 October 2008

Quality of counterfeit product is irrelevant, says Court of Appeal

In a case involving fake Nokia mobile phone covers, the Madrid Court of Appeal has held that the accused was guilty of design and trademark infringement in violation of Articles 273(3) and 274(2) of the Criminal Code. Among other things, the court held that the quality of a counterfeit product is irrelevant when analyzing whether use of a trademark or design constitutes a criminal offence.

17 October 2008

Scotch whisky recognized as geographical indication

The Chinese Trademark Office has recognized scotch whisky as a geographical indication by registering it as a collective trademark in China. The Scotch Whisky Association may now enforce its rights over the SCOTCH WHISKY trademark in respect of products that are sold as scotch whisky but are not manufactured in Scotland.

16 October 2008

Procedure to promote consistent examination announced

The US Patent and Trademark Office has announced a one-year pilot project to promote consistency by providing applicants with a mechanism to bring the inconsistent treatment of applications to the attention of the office. The mechanism is intended to address inconsistent treatment between or among an applicant's own applications.

15 October 2008

SAM EDELMAN is confusingly similar to EDELMAN, says TTAB

In a precedential opinion, the TTAB has affirmed a Section 2(d) refusal to register the mark SAM EDELMAN for goods in Class 18 on the grounds that there was a likelihood of confusion with the registered trademark EDELMAN for Class 18 goods. Among other things, the TTAB held that consumers could view EDELMAN as an abbreviated version of SAM EDELMAN.

14 October 2008

Denial of Section 37 relief affirmed in dispute over COHIBA mark

In the latest instalment of the ongoing battle over the ownership of the COHIBA trademark in the United States, the US Court of Appeals for the Second Circuit has affirmed the district court's denial of a motion filed by the defendants and has laid the groundwork for the case to proceed back to the Trademark Trial and Appeal Board, where the controversy between the parties began in 1997.

14 October 2008

Nike kicks out HIKE from register

The registrar of trademarks has ordered the cancellation of the trademark HIKE for clothing on the grounds that there was a likelihood of confusion with the well-known trademark NIKE. Among other things, the registrar held that the slight visual and aural differences between NIKE and HIKE, as well as the marginal differences in marketing channels, were insufficient to avoid a likelihood of confusion.

07 October 2008

New practice for renewal of trade names

The Colombian Trademark Office has issued Legal Opinion 08048285, which changes the office's practice with regard to the deposit of trade names. The deposit and registration of trade names will no longer be considered to be equivalent, and deposits will remain valid indefinitely.

06 October 2008

KIDS ELD GARFI held to be confusingly similar to GARFIELD

The Re-examination and Evaluation Board of the Turkish Patent Institute has rejected an application for the registration of the trademark KIDS ELD GARFI. Among other things, the board held that the dominant element of the mark ('eld Garfi') was an anagram of the name Garfield, the well-known comics character, which is protected by both trademark and copyright law.

07 July 2008

No acquired distinctiveness for POST

The Swiss Administrative Court has affirmed a decision of the Federal Institute of Intellectual Property in which the latter had refused to register the trademark POST on the grounds that it was devoid of distinctive character. Among other things, the court held that the Swiss Post had failed to prove that the mark POST had acquired distinctiveness through use.

02 July 2008

Revision of company names legislation will affect trademark law

Within the context of the revision of the Swiss Stock Corporation Law provision on limited liability companies, the law on company names is due to be substantially revised. Under the new law, it will be possible to register descriptive company names with the Register of Commerce, which will have an impact on trademark registration strategies.

02 July 2008

Name of television series can constitute trademark

The Trademarks Office has dismissed the opposition filed by Home Box Office Inc, the distributor of the Sex and the City series, against the registration of the trademark SIX IN THE CITY for dating services. The hearings officer nevertheless acknowledged the fact that the name of a television series can constitute a trademark.

01 July 2008

CFI chastises OHIM Board of Appeal in GABEL Case

In Gabel Industria Tessile SpA v OHIM, the CFI has reprimanded the Second Board of Appeal of OHIM for its handling of the case. The CFI held that the board had failed to rule on the action brought before it insofar as the action was directed at the refusal of the Opposition Division to register the mark GABEL in respect of goods in Class 24.

27 June 2008

European Commission takes France and Germany to task

In Commission v France and Commission v Germany, the ECJ has held that France had failed to meet its obligations under the Community Design Regulation and that Germany had failed to take the necessary steps to comply with the IP Rights Enforcement Directive. Both France and Germany took measures shortly after the decisions were issued, which shows how effective such judgments can be.

27 June 2008

Lesters Delicatessen enjoined from using Lesters name

In Lesters Foods Ltd v Lesters Delicatessen and Hot Smoked Meat Inc, the Quebec Superior Court has granted a permanent injunction preventing Lesters Delicatessen and Hot Smoked Meat from using the name Lesters for the sale and marketing of smoked meat to the wholesale sector. The court's ruling with regard to damages is inconsistent with the recent appellate ruling in Nissan Canada.