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08 March 2010

Philip Morris decision provides clarity on dilution provisions

The Delhi High Court has dismissed ITC Limited's application for an injunction preventing Philip Morris from using a stylized M logo for its popular Marlboro brand of cigarettes. Among other things, the court held that, based on an overall assessment, ITC's W logo and Philip Morris's M logo were not identical or similar.

08 March 2010

SIPO's MERCATOR decision set aside for the second time

In Poslovni Sistem Mercator dd v Tabacofina-Vander Elst NV, the Administrative Court has set aside a decision of the Slovenian Intellectual Property Office in which the latter had, for the second time, dismissed Poslovni Sistem Mercator's opposition against the registration of the trademark MERCATOR for tobacco products. The case was again remitted to SIPO for further consideration.

01 March 2010

Different types of websites distinguished in passing-off action

In Effective Advertising Ltd v Interactive Advertising Ltd, the District Court of Nazareth has ruled that a distinction should be made when examining the evidence needed to establish reputation in a passing-off action on the basis of online use of a trademark. The court distinguished between websites that provide opinions and those that provide only factual/technical information.

23 November 2009

GOTTHARD held to be invalid for fuels

The Swiss Federal Court has upheld a decision of the Superior Court of the Canton of Uri in which the latter had found that the trademark GOTTHARD for fuels was invalid. Among other things, the Swiss Federal Court agreed with the lower court that the word 'Gotthard' could serve to designate the geographical origin of the goods.

19 November 2009

Transliteration of mark into another language does not warrant ownership

In Australian Medic-Care Company Ltd v Hamilton Pharmaceutical Pty Limited, the Federal Court has explored the issue of whether the sole distributor of certain pharmaceutical products was entitled to retain ownership of registered Chinese marks consisting of transliterated Chinese characters of the English product names. The court concluded that the Chinese marks were the distributor's own creations.

19 November 2009

Board of Appeal decision annulled in AGILE Case

In Peek & Cloppenburg v OHIM, the CFI has annulled a decision of the Second Board of Appeal of OHIM in which the latter had found that there was no likelihood of confusion between the figurative trademark AGILE for sports equipment and clothing, and the earlier mark AYGILL for identical goods.

17 February 2010

3D mark cancellation clarifies scope of protection

In the dispute between Kraft and Mars over the latter's use of a triangular shape for its Wave product, the Supreme Court of the Netherlands has upheld a decision of the Court of Appeal in which the latter had ordered the cancellation of Kraft's 3D triangle mark. Among other things, the Court of Appeal had rejected the proposition that a part of the Toblerone sleeve could have acquired secondary meaning.

12 February 2010

Davidoff’s COOL WATER mark for Class 25 goods held to be null and void

In Zino Davidoff SA v K & L Ruppert Stiftung & Co, the Supreme Court has affirmed a decision of the Cantonal Court of Fribourg in which the latter had held that K & L Ruppert Stiftung & Co’s registration for the trademark COOLWATER for goods in Class 25 (clothing) was valid. The Supreme Court also confirmed that Zino Davidoff SA’s registration for COOL WATER for goods in Class 25 was null and void.

11 February 2010

Consultation on modernization of Trademarks Act launched

The Canadian Intellectual Property Office has launched a consultation focused on the modernization of the Trademarks Act and the harmonization of the Canadian trademark system with that used in many other countries. The consultation is broken down into three areas: general modernization of the act, adherence to the Singapore Treaty and adherence to the Madrid Agreement.

11 May 2009

Advocate general speaks out on Community design ownership

Advocate General Paolo Mengozzi has released his opinion in a reference for a preliminary ruling from the Spanish Community Design Court. He concluded that the court should apply the Spanish provisions governing the contract between two companies to determine the ownership of the Community designs at issue.

08 May 2009

Variation of the UDRP adopted

NIC Bolivia, the registry responsible for Bolivia's country-code top-level domain, '.bo', has adopted a variation of the Uniform Domain Name Dispute Resolution Policy. The major difference between the UDRP and Bolivia's variation is that under the Bolivian procedure, either registration or use in bad faith must be established.

08 May 2009

Appeal dismissed in long-running ARCOL Case

In Kaul GmbH v OHIM, the CFI has dismissed an appeal in opposition proceedings that have been running for over 10 years. Among other things, the CFI rejected the opponent's argument that the Second Board of Appeal of OHIM had failed to exercise its discretion as to whether to allow new evidence submitted for the first time on appeal.

07 May 2009

'' transfer stalls

In Europcar International SASU v Faure, a WIPO panel has ordered that the domain name '' be cancelled, but found it inappropriate to order the transfer of the domain name to Europcar International SASU. Registrants of '.pro' domain names must certify that they offer professional services and hold credentials from a certifying governmental authority, but Europcar had not provided such certification.

05 May 2009

La Cafetière can continue selling its coffee makers, says court

In Bodum USA Inc v La Cafetière Inc, the US District Court for the Northern District of Illinois has granted La Cafetière Inc’s motion for summary judgment, finding that a 1991 stock purchase agreement authorized it to sell products similar to the 'Chambord' French press coffee maker in the United States.

30 April 2009

ALLSAFE held to be descriptive of security goods and services

In allsafe Jungfalk GmbH & Co KG v OHIM, the CFI has upheld a decision of the Fourth Board of Appeal of OHIM in which the latter had found that the trademark ALLSAFE was descriptive in relation to goods and services relating broadly to safety. Among other things, the CFI held that the fact that the word 'allsafe' did not exist in English did not create an impression sufficiently removed from the combination of 'all' and 'safe'.