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22 March 2018

Attorney urges businesses to “stand firm and plead bad faith” in Gleissner oppositions

An attorney who recently prevailed in an opposition against Michael Gleissner-linked trademark application explains why he worked the case “for the good of the system rather than profits”.

22 March 2018

dotFM embraces emoji domain names

‘.fm’ is to join the handful of TLDs that are making emoji domain names available to register. dotFM has released a list of domain names for which it is inviting pre-launch "expressions of interest".

21 March 2018

Bohemia decision: Federal Court confirms approach to distinctiveness assessment where mark contains geographical term

In Bohemia Crystal v Host Corporation, the Federal Court of Australia has found that the marks BOHEMIA and BOHEMIA CRYSTAL were not distinctive as they indicated a geographical origin known for crystal glassware.

21 March 2018

Trademark Office clarifies when applications may be modified – what applicants need to know

The Colombian Trademark Office has published an article clarifying when and to what extent it will be possible to amend a trademark application.

19 March 2018

Commodores decision: former band member must sail on down the line

In Commodores Entertainment Corp v McClary, the US Court of Appeals for the 11th Circuit has upheld a permanent injunction precluding a musician from using the trademarks of his former band. 

15 March 2018

First Circuit allows Chapter 11 debtor to terminate trademark licence; creates split with Seventh Circuit

In In re Tempnology, the US Court of Appeals for the First Circuit has held that Chapter 11 debtors may reject trademark licences, thus creating a split with the Seventh Circuit over a company’s ability to terminate a trademark licence while in bankruptcy.

12 March 2018

Bacardi bourbon battle hits the mainstream press; UK company pledges to fight on

Over the past few days, a UK business owner’s dispute with Bacardi over its Angel’s Envy bourbon brand has garnered media attention in trade and national press titles. The dispute highlights a quandary for large companies when the ‘David v Goliath’ narrative is cited – whether to engage in public arguments or to keep quiet.

05 February 2018

General Court confirms that DUAL EDGE is descriptive for Class 9 goods

In LG Electronics, Inc v EUIPO, the General Court has confirmed that DUAL EDGE is descriptive and lacks distinctive character for mobile phones and related goods.

01 February 2018

Brands unprepared for reputational damage of fake news and hate speech on digital ad platforms: report

Report reveals that few brands have taken adequate measures to prevent online ads appearing alongside potentially damaging content – including fake news.

01 February 2018

TTAB grants motion for summary judgment as to fraud counterclaim

In Kastle Systems v Lee Strategy Group, the TTAB has granted the opponent’s motion for summary judgment, dismissing the applicant's fraud counterclaim.

31 January 2018

Polo/Lauren Company fails to invalidate 'polo player' mark

The Polo/Lauren Company has failed to invalidate the Royal County of Berkshire Polo Club's registration for a composite mark containing the word 'polo' and the device of a polo player.

30 January 2018

Food for thought: UDRP d(ish)oomed to fail

A WIPO panel has refused to transfer a domain name identically reproducing the complainant's trademark as there was insufficient evidence that it was registered and used in bad faith.

30 January 2018

Trump's tough talk on trade could reverse improving US business sentiment towards IP in China

US businesses have reported improved confidence in China’s economy. However, the political war of words between the two countries threatens to dampen growing confidence in the IP environment in China.

25 January 2018

WIPO hits back after ICA sets its sights on UDRP providers and panellists

The Internet Commerce Association has published a document making a series of recommended reforms for the UDRP system, which WIPO claims “betrays a clear misunderstanding of the actual mechanics of impartial and efficient ADR case management”.

25 January 2018

ECJ rules that repair clause applies to replica wheel rims

In a long- awaited decision, the ECJ has held that replica wheel rims fall under the protection of the so-called 'repair clause' under Regulation 6/2002.