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17 June 2008

Virgin has no legitimate interest in VIRGIN mark for beverages

In Virgin Enterprises Ltd v Café La Virginia SA, the Federal Court of Appeals in Civil and Commercial Matters has held that Virgin Enterprises Limited had no legitimate interest in registering the trademark VIRGIN for goods in Classes 32 and 33 (beverages) on the grounds that it had entered into an agreement not to use the VIRGIN mark for foodstuffs at any time.

16 June 2008

No likelihood of confusion between ROCKLETS and LOCKETS

The Intellectual Property and International Trade Court has reversed a Board of Trademarks decision in which the latter had found that the mark ROCKLETS for chocolate confectionery was confusingly similar to Mars Inc's trademark LOCKETS for similar goods. Among other things, the court held that there was no likelihood that consumers would be confused as to the origin of the goods.

13 June 2008

Toshiba triumphs in Supreme Court following 19-year battle

In Kabushiki Kaisha Toshiba v Tosiba Appliances Co, the Supreme Court has held that Indian company Tosiba Appliances Co had failed to show that it would be injured if Kabushiki Kaisha Toshiba's trademark TOSHIBA were allowed to remain on the register. The decision ended a 19-year battle between Toshiba and Tosiba Appliances.

11 June 2008

Black & Decker triumphs in Dubai's highest court

Black & Decker Corporation has triumphed in a counterfeiting case before the Dubai Court of Cassation. Dubai's highest court affirmed decisions by the Dubai Court of First Instance and the Dubai Court of Appeals in which the latter had sentenced three individuals to payment of a fine of Dhr5,000 each and confiscation of the seized goods.

10 June 2008

Pick 'n Pay is crocked by Crocs

In Pick 'n Pay Retailers (Pty) Ltd v Commissioner of South African Revenue Services, the High Court has refused to set aside a warrant for the seizure of Crocs shoes imported by Pick 'n Pay Retailers (Pty) Ltd. Among other things, the court held that the magistrate had correctly found that there were reasonable grounds for believing that an act of counterfeiting had taken, was taking or was likely to take place.

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.

09 June 2008

New Intellectual Property Law enters into force

Iran's new Intellectual Property Law, which represents a complete overhaul of the country's IP system, has entered into force. Among other things, the new law details the grounds on which an application for the registration of a trademark or a trademark registration may be contested.

03 April 2008

Round two for BUKHARA Case in Second Circuit

In ITC Limited v Punchgini, the US Court of Appeals for the Second Circuit has upheld an award of summary judgment in favour of the defendants in light of the response of the New York Court of Appeals on the applicability of the 'famous marks' doctrine under state law.

02 April 2008

Ninth Circuit amends HOT WHEELS decision

The US Court of Appeals for the Ninth Circuit has amended its August 2 2007 opinion in Jada Toys Inc v Mattel Inc, which reversed and remanded a district court decision granting summary judgment in favour of Jada Toys Inc. The amended opinion applies the new standards of the Trademark Dilution Revision Act, instead of those set forth in the Federal Trademark Dilution Act.

02 April 2008

Massachusetts Institute of Technology wins fight over MIT mark

The Taipei High Administrative Court has dismissed an appeal against a decision to refuse registration of the trademark MIT EDUCATION GROUP MULTIPLE INTELLIGENCE TECHNOLOGY, MULTIPLE INTELLIGENCE EDUCATION on the grounds that there was a likelihood of confusion with the Massachusetts Institute of Technology's famous mark MIT.

26 March 2008

SIPO's request for review rejected by Supreme Court

The Supreme Court has rejected a request for review of an Administrative Court decision filed by the Slovenian Intellectual Property Office. The Supreme Court held that SIPO had no legal standing to request the review under the provisions of the new Act on Administrative Disputes.

25 March 2008

Customs not up to the mark in WELLA Case

The Commercial Court has dismissed an action filed by the Customs Authority on the grounds that the latter had failed to prove that hair care products bearing the mark WELLAFLEX infringed the trademarks WELLA and WELLAFLEX. The decision highlights the fact that the authority must establish a chain of evidence in order to prove that goods are counterfeit.

25 March 2008

Debate on time limits in cancellation actions put to an end

The General Assembly of the Court of Appeals has put an end to the debate as to the interpretation of the term 'date of registration' in Articles 14 and 42 of the Trademark Law 556. The court held that the date on which the last act of the registration procedure is carried out shall be deemed to be the date of registration of a trademark for the purpose of determining the limitation period in cancellation actions.

18 March 2008

'Red Crystal' emblem provided with additional trademark protection

Bill C-61, which implements the Protocol Additional to the Geneva Conventions of August 12 1949 and Relating to the Adoption of an Additional Distinctive Emblem (Protocol III), has entered into force. The bill makes changes to a number of existing laws, including the Trademarks Act.

18 February 2008

Irreparable harm must be demonstrated in injunction cases

In Hyundai Auto Canada v Cross Canada Auto Body Supply (West) Limited, the Federal Court of Appeal has confirmed that, in the absence of clear evidence of irreparable harm which cannot be compensated in damages, the courts will refuse to grant interlocutory injunctions.