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16 March 2016

A guide on how not to avoid summary judgment on genericness

The Nevada District Court’s decision in TRP Entertainment LLC v Cunningham was a clear reminder of the pitfalls in opposing summary judgment, particularly on the issue of trademark genericness.

15 March 2016

Bacardi ramps up HAVANA CLUB battle, in court and through the media

In January we noted that the resumption of legal proceedings would make the US federal district court the key battleground for control of the Havana Club brand in the US. This week Bacardi filed an amended complaint, asking for the removal of the HAVANA CLUB mark from the register.

09 March 2016

Kicktipp kicks out KICKERS opposition at EU General Court

The EU General Court has dismissed an opposition against the Community trademark KICKTIPP by the owner of the KICKERS mark.

09 March 2016

Trunki decision “undoubted blow” for UK creative industries; questions raised over direction of design rights enforcement

In a case that centred on the issue of whether surface decoration should be considered when deciding whether design infringement has occurred, the Supreme Court has delivered a verdict that one commentator suggests “cements the growing perception that the pendulum swings too far in favour of the alleged infringer”.

08 March 2016

New legislation enhances US Customs and Border Protection’s enforcement of IP rights

The Trade Facilitation and Trade Enforcement Act 2015 contains provisions strengthening trademark and copyright enforcement mechanisms and creates a new agency called the National Intellectual Property Rights Coordination Centre.

07 March 2016

IP High Court rejects non-use cancellation action for EUROPEAN mark

The IP High Court has upheld the Japan Patent Office trial decision that rejected the non-use cancellation action sought against the registration for the trademark EUROPEAN (in Japanese katakana) with respect to the designated goods "coffee and cocoa, coffee beans" in Class 30.

04 March 2016

Hong Kong government withdraws copyright amendment bill after free speech furore

In the face of a sustained filibuster by pan-democratic lawmakers, Hong Kong’s government is set to pull a controversial amendment to the special administrative region’s Copyright Ordinance. Civic Party legislator Claudia Mo says that the bill will not be formally withdrawn until Wednesday, but we understand the legislation is effectively dead.

27 April 2016

Progress for brand owners in Vietnam as government sides with foreign entity in dispute with state-owned enterprise

The Vietnamese government’s recent decision to uphold a foreign company’s trademark rights in the face of a cancellation action launched by one of its state-owned enterprises represents a significant positive development for brand owners operating in the country.

27 April 2016

Two Haases, both alike in goods and services

A recent decision of the Northern District of Ohio, Haas Door Company v Haas Garage Door Company, 13-CV-2507, concerns the right of two parties to use the same distinctive house mark in connection with separate, but closely related, goods and services.

27 April 2016

Reimbursement of costs in German opposition proceedings remains a problem

The basic rule in opposition proceedings is that each party bears its own costs and that cost reimbursement is possible only if equity requires it. A recent decision highlights the difficulties of getting costs reimbursed in opposition proceedings

22 April 2016

Top tips on recording trademark licence agreements in China

The recordal of trademark licensing agreements is particularly beneficial in jurisdictions where there is significant uncertainty for foreign companies in enforcing their marks (and, of course, where a high volume of trademark licensing is taking place). The first country that will spring to mind for many counsel in this regard is China.

22 April 2016

Modified trademark can defeat non-use claim

The National Office of Intellectual Property of Vietnam has rejected a non-use cancellation action, holding that use of a mark by the owner in a slightly modified form is sufficient to maintain registration of the mark.

20 April 2016

An invalid mark by any other name still fails

A recent decision confirms that form is not to be elevated over substance. Where a mark is invalid, a plaintiff may not use different causes of action not called ‘trademark infringement’ to circumvent a finding of invalidity of the mark.

14 April 2016

A trademark cautionary tale: personal liability cannot hide behind corporate veil

The Quebec Superior Court recently issued a reminder that the principal of a corporate defendant can be found personally liable for damages alongside the corporate defendant that committed the infringement or passing off.

13 April 2016

Full speaker line-up for Trademark Litigation: Practical Strategies is unveiled

With the addition of corporate counsel from New Balance and Zippo Manufacturing Company, the speaking faculty for Trademark Litigation: Practical Strategies – an immersive, high-level conference being held in New York next week – is now complete.