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05 March 2018

Sky v Skykick headed to ECJ on breadth of registrations; answers will be significant for all brand owners

The High Court in Sky plc v SkyKick UK Limited will refer five questions to the ECJ on trademark issues relating to bad faith (for filing with no intention to use) and clarity issues with trademark specifications. 

02 March 2018

Constitutional Court softens country's stance on parallel imports

The Constitutional Court has confirmed that the principle of national exhaustion of trademark rights is constitutional, but  has increased the burden of proof imposed on trademark owners in parallel importation cases.

01 March 2018

US government report finds staggering ratio of fakes on major e-commerce sites: calls for agencies to step up

A new report by the US government’s Accountability Office (GAO) has found that US agencies could be doing significantly more to tackle the growing threat of counterfeit goods.

03 April 2018

Is figurative mark containing word 'Mafia' contrary to public policy? General Court decides

The EU General Court has confirmed a decision of the EUIPO upholding the Italian government’s application for a declaration of invalidity of the figurative mark LA MAFIA SE SIENTA A LA MESA.

29 March 2018

Court of Appeal: 'stick' and 'stix' are distinctive for Class 30 goods

In a somewhat unusual decision, the Turkish Court of Appeal has found that the words 'stick' and 'stix' were the dominant elements of the plaintiff's trademarks and that they were distinctive for Class 30 goods.

27 March 2018

As SERIAL trademark is refused, research reveals podcast industry lags behind in brand protection

​​​​​​​A trademark application for the term SERIAL, filed by the creators of the popular podcast of the same name, has been refused. It comes as research reveals that many popular podcasts have no registered protection.

27 March 2018

Suspension of official fees payable by foreign entities: brand owners should stay alert

Although the payment of official fees to the Venezuelan IP office has been suspended temporarily, foreign brand owners should be prepared and ensure that their representatives are nevertheless sent the relevant fees.

23 March 2018

Warning: discovery misconduct can cost more than just your case

In Klipsch v ePRO the US Court of Appeals for the Second Circuit has adopted a standard that “discovery sanctions should be commensurate with the costs unnecessarily created by the sanctionable behaviour”.

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".

10 May 2018

As Alibaba’s Anti-counterfeiting Alliance grows, is Amazon now the primary battleground in the war against fakes?

Alibaba Group has confirmed that membership to its Anti-Counterfeiting Alliance has climbed to over 100 brands. Exclusive survey data reveals the Chinese retail giant is still a challenge for rights holders – but respondents claim Amazon is “less and less willing to help brand owners”.

09 May 2018

China’s trademark office to drastically reduce filing times; experts confident quality will be maintained

China’s State Intellectual Property Office has revealed that filing review times at the trademark office will be reduced to six months by the end of the year and to four months by 2020. We speak with experts in the country for their view on the implications of this ambitious move.

04 May 2018

3D Kit Kat mark: advocate general delivers further blow to Nestlé

The advocate general has delivered another blow to Nestlé in its long-running attempt to register the shape of its four-fingered Kit Kat bar as a three-dimensional EU mark.

02 May 2018

Beijing IP Court's LIVINGSOCIAL decision: proving copyright ownership in trademark disputes

In opposition proceedings against the device mark LIVINGSOCIAL, the Beijing IP Court has held that, without compelling evidence that the mark was created independently, it infringed the prior copyright of LivingSocial.

01 May 2018

Last orders! High phonetic similarity between marks for alcohol sufficient to create likelihood of confusion

The EU General Court has confirmed that there was a likelihood of confusion between YAMAS and LLAMA for alcoholic drinks due to the high phonetic similarity between the marks for the Spanish-speaking public.