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14 December 2017

Specific figurative context with respect to identity of word elements of marks

The Luxembourg General Court issues its judgment in a case concerning the complaint of Frame Srl against the Office for Harmonisation in the Internal Market’s decision to uphold part of Bianca-Moden’s opposition to the trademark BIANCALUNA.

13 December 2017

Innovators and revolutionaries: WTR's trademark personalities of the year (part one)

As the year draws to a close, World Trademark Review has decided to take a look back and identify the trademark personalities that have had a significant impact in 2017.

11 December 2017

Trademark litigant must produce documents held by foreign subsidiary

A US district court has held that Republic Technologies (NA), LLC could be compelled to produce documents located in France if they were relevant and within Republic’s control with regard to a declaratory judgment action against competing cigarette paper manufacturer HBI International. However, the court limited production to those documents that were used in or revealed the design process for products marketed and sold by Republic in the United States.

08 December 2017

TTAB finds PRETZEL CRISPS to be generic – again

Frito-Lay opposed Princeton’s application for the mark PRETZEL CRISPS, claiming that it was generic and had not acquired distinctiveness. On remand, the Trademark Trial and Appeal Board again held that consumers perceive PRETZEL CRISPS to be the common name for pretzel crackers and cancelled the registration on the Supplemental Register. It also sustained an opposition against the application to register the term on the Principal Register.

07 December 2017

Unfair Competition Law amendments

The Unfair Competition Law has been amended for the first time since its introduction in 1993, resulting in some important changes to IP law which will come into effect on January 1 2018. The amended law includes the introduction of an effective system for changing an infringing trade name in order to prevent an infringer refusing to change its name.

14 November 2017

“The results were mind-blowing”: study reveals widespread problem of domain name combosquatting

Recent research has provided new insights into the little-understood phenomenon of domain name ‘combosquatting’.

13 November 2017

Is parody funny? No, not if it’s done in bad faith

A hearing officer has deemed that filing of applications to support a potential parodying form of use against a competitor falls short of the standards of acceptable commercial behaviour.

10 November 2017

Major disruptions in the insurance sector and how brand strategies must evolve: exclusive data analysis

We look at trademark trends in the insurance sector, which is undergoing an incipient transformation that could present significant risks and opportunities for brands.

09 November 2017

Controversial clause deleted from China’s new domain name rules

The Chinese Ministry of Industry and Information Technology has issued the final version of the Rules on the Administration of Internet Domain Names, which came into effect on November 1 2017. The most notable change in the new rules is the deletion of the controversial Article 37 of the draft, which provided that any domain name with a website hosted in China must be registered with a Chinese domain name registrar.

06 November 2017

Is SRI KRISHNA SWEETS mark a trademark inheritance?

Sri Krishna Sweets is a popular Indian sweet manufacturer based in Coimbatore. The case involved a trademark dispute between two brothers and their claim to use the SRI KRISHNA SWEETS mark by virtue of their equal share in the mark as part of their inheritance from their father. The court relied on earlier jurisprudence to maintain the balance of convenience and ordered the parties to maintain the status quo.

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.

17 January 2018

China's nationwide campaign to protect foreign companies' IP rights

The China State Council has published the 'Circular on Several Measures to Boost the Growth of Foreign Investment'. It includes measures to raise the quality of foreign investment.

15 January 2018

"INTA can serve as the connector": new president on the association’s expanded anti-counterfeiting role

Tish Berard, 2018 president and chair of the board of directors at INTA, expands on the co-ordination role the association can play in the global fight against counterfeiting.

09 January 2018

Trademark litigation slump continues; the law firms capitalising on dispute-related work revealed

The latest tracker data from Lex Machina confirms that the litigation slump continued in 2017, with the 3,782 cases filed representing a nine-year low.