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08 January 2018

adidas wins latest dispute against H&M in Hague Court

The District Court of The Hague has ruled in favour of adidas in the main proceedings of its saga against H&M regarding the companies' respective stripe marks.

29 November 2017

Claranet loses appeal in EU General Court

The EU General Court has upheld an EUIPO Board of Appeal decision which found a likelihood of confusion between the marks CLARANET and CLARO.

27 November 2017

Trading Standards versus Facebook: fakes on social media in the spotlight as issue rises up UK policy agenda

A report in the Sunday Times this weekend states that “the biggest investigation in Britain into fake goods on social media has identified tens of thousands of listings for counterfeit products on Facebook”.

23 November 2017

UDRP shields brand from cybersquatting under '.reviews'

In a recent decision under the Uniform Domain Name Dispute Resolution Policy a US home warranty company has obtained the transfer of a domain name identically reproducing its trademark under the '.reviews' new generic top-level domain. 

21 November 2017

A prickly case – ECJ upholds opposition against CACTUS mark

The EU Intellectual Property Office has appealed a decision concerning two opposing marks containing the word 'cactus', based on a likelihood of confusion. The European Court of Justice considered whether a previous case regarding specificity of goods and services covered by trademark applications applied retrospectively, and whether use of the device aspect of an earlier mark alone could constitute genuine use of the earlier mark and thus fall within the regulation.

15 November 2017

New decree benefits trademark registration in Russia

The Russian government has issued the Decree of the Government of the Russian Federation 1151, amending official fees related to patents, trademarks and other objects of industrial property.

31 May 2017

Société Elmar Wolf opposes animal head application

In Environmental Manufacturing LLP v EU Intellectual Property Office (EUIPO), the EU General Court confirmed a decision rendered by the EUIPO First Board of Appeal that two signs representing the head of an animal were visually similar to an average degree under Article 8(1)(b) of the EU Trademark Regulation.

24 May 2017

TTAB rules against US Marine Corps due to lack of evidence

Peter Healy applied to register the mark MARINE ONE DOWN for computer game software. The US Marine Corps filed a notice of opposition with the Trademark Trial and Appeal Board, claiming that Healy’s mark created a likelihood of confusion. Although the board found that the Marine Corps had standing, its claims were ultimately rejected due to alleged lack of sufficient evidence.

23 May 2017

Trademarks on the silver screen, CPA’s busy summer and ‘.sucks’ in the trademark family: INTA 2017 day three report

For many INTA 2017 Annual Meeting delegates, the busiest days are over and the end is in sight; but determined not to let the long days and nights wear us down, the World Trademark Review editorial team of Trevor Little, Joff Wild and Tim Lince have been running between sessions, meetings and receptions – with a few stops for coffee along the way – to bring you the latest stories and insights from Tuesday’s proceedings.

23 May 2017

Imposing greater pressure on IP infringers through multiple legal actions

After initiating a criminal action against an individual trademark counterfeiter, the plaintiff in a recent case filed a follow-up civil lawsuit against the counterfeiter and his company on the grounds of trademark counterfeiting and trade dress infringement. Through this civil lawsuit, the plaintiff stopped the trade dress infringement and put greater pressure on the counterfeiter.

23 May 2017

Australian courts protect HARBOUR LIGHTS trademark

On appeal to the full court of the Federal Court, Accor Australia and New Zealand Hospitality Pty Limited has succeeded in protecting the name of a residential apartment complex as a trademark. That mark has been protected in relation to services dealing with the sale, leasing and letting of those apartments and holiday accommodation services.

22 May 2017

Donburi or dog’s dinner? Zuma versus Dine in with Zuma

The Intellectual Property Enterprise Court has found that the reputation of a high-end Japanese restaurant’s trademarks would be tarnished by use of the same name on dog food, regardless of the latter's human-grade ingredients, and that the own name defence could not succeed when deployed by a dog. The case demonstrates how the courts will readily provide protection where the substantial reputation enjoyed by a high-end brand is affected by a defendant’s use in a rather different arena.

18 May 2017

USPTO steps up efforts to remove deadwood from the register; proposes “streamlined” cancellation proceedings

As part of its efforts to declutter the US trademark register, the United States Patent & Trademark Office is looking to establish a “streamlined version” of the current cancellation proceedings before the Trademark Trial and Appeal Board. Reaction to the proposal on social media has been broadly positive, with one IP expert further telling World Trademark Review that the move is a “logical” one.

15 June 2017

ECJ widens scope for forum shopping in Hummel Holding v Nike

The European Court of Justice has provided two broad requirements to satisfy the notion of ‘establishment’ under Article 97(1) of the Trademark Regulation. This ensures that most disputes involving EU trademarks – no matter whether the defendant has its seat in the European Union – fall under the remit of EU trademark courts and their ability to grant EU-wide injunctions.

14 June 2017

High Court rules on scope of protection for reputed marks

The Danish Maritime and Commercial High Court has upheld an appeal board ruling on the scope of protection for the reputed trademark ECCO. It stated that the use of registered trademarks by a non-competing commercial foundation would not result in the unfair advantage of, or be detrimental to, the mark's repute.