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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

'europcar.pro' transfer stalls

In Europcar International SASU v Faure, a WIPO panel has ordered that the domain name 'europcar.pro' 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'.

29 April 2009

NASDAQ’s reputation extends to the general public, says ECJ

In Antartica Srl v OHIM, the ECJ has upheld a decision of the CFI in which the latter had found that use of the figurative trademark NASDAQ took unfair advantage of the reputation of The Nasdaq Stock Market's earlier trademark NASDAQ. The ECJ agreed with the CFI that the reputation of the earlier mark reached further than the professional public specializing in financial information.

12 June 2009

No infringement found in wine label dispute

In Udesen Danmark v Excellent Wine Danmark A/S, the Maritime and Commercial Court has held that Excellent Wine Danmark A/S's sale of wine in bottles with pewter labels reading 'Hunter's Choice', 'Congratulations' and 'Golfer's Reserve' was not contrary to Section 4 of the Trademarks Act or Section 1 of the Marketing Practices Act.

11 June 2009

TTAB re-designates Zanella v Nordstrom fraud decision as precedential

In an atypical move that will be welcomed by registrants, the TTAB has re-designated its October 2008 decision in Zanella Ltd v Nordstrom Inc from non-precedential to precedential. The issue in this case was whether fraud (or the filing of a factually incorrect application or affidavit) in the USPTO can be “cured” and the registration perfected after the trademark application matures into a registration.

10 June 2009

F1 loses the race against F1H2O

The Administrative Court has upheld a decision of the Swiss Federal Institute of Intellectual Property in which the latter had found that the trademark F1H2O was not confusingly similar to the earlier registered trademark F1. The decision seems to contradict previous case law in which the institute had found that the F1 mark was well known.

10 June 2009

Battle between Intel and Pentium Fund moves to federal court

Pentium Fund Ltd has filed a complaint for declaratory relief against Intel Corporation in the US District Court for the Eastern District of Virginia to stop the transfer of the domain names 'pentiumfund.com', 'pentiumfund.net' and 'pentiumfund.org' from Pentium Fund to Intel. This filing came after a WIPO three-member panel ordered the transfer of the domain names in a decision issued under the UDRP.