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09 February 2009

RADIO IDOL falls off pedestal

The Intellectual Property Office has upheld an opposition filed by FremantleMedia Limited, the owner of the IDOL marks, against the registration of the trademark RADIO IDOL (and design). Among other things, the office recognized that the IDOL marks were well-known trademarks under the Paris Convention and the Intellectual Property Code of the Philippines.

22 January 2009

Options paper on penalties and additional damages published

Following the review of the penalty provisions of the Trademarks Act 1995, IP Australia has published an options paper and is seeking comments by February 27 2009. Among other things, IP Australia recommends introducing additional (ie, punitive) damages as a remedy for civil actions.

21 January 2009

Large gas supplier awarded maximum statutory damages for passing off

In American Israeli Gas Corporation Ltd v Abadu Gas Tamra Ltd, the Haifa Magistrates Court has awarded Amisragas, a large Israeli gas supplier, the maximum statutory damages for passing off. The court held that because the defendants delivered Amisragas gas containers in trucks bearing Amisragas's trademarks, consumers were likely to believe that the gas containers had been filled by Amisragas.

21 January 2009

Likelihood of confusion between CHEWIES and CHEWITS for certain goods

In Zaklady Przemyslu Cukierniczego Mieszko Spólka Akcyjna v Leaf United Kingdom Limited, the acting controller has upheld an opposition against the registration of the mark CHEWIES for "confectionery and sweets" and "ice creams, honey and treacle". However, he rejected the opposition as regards the other goods on the grounds that there was no real prospect of direct confusion.

15 January 2009

Importance of global appreciation highlighted

In Shaker di L Laudato & C Sas v OHIM, the CFI has reinstated a decision of the Board of Appeal of OHIM in which the latter had held that there was a likelihood of confusion between a figurative mark featuring the word 'limoncello' and the earlier Spanish mark LIMONCHELO. The CFI applied the strict ‘global appreciation’ test set forth by the ECJ in Sabel v Puma.

13 January 2009

Entitlement to file trademark application examined in CORONA Case

In Cerveceria Modelo SA de CV v Marcon, Cerveceria Modelo SA de CV, the manufacturer of Corona beer, successfully opposed an application to register the trademark CORONA for use in association with certain beverages and beverage bottling. The case raises issues relating to the entitlement to file a trademark application.

11 December 2008

COYOTE UGLY rejected for cocktail lounge and nightclub services

In Group Lottuss Corp v OHIM, the CFI has upheld a decision of the Board of Appeal of OHIM in which the latter had held that the application for the registration of the figurative mark COYOTE UGLY for goods and services in Classes 9, 41 and 42 should be rejected for “cocktail lounge services” and “services for discos and nightclubs”, but not for goods in Class 9 and services relating to cultural activities.

04 December 2008

Applicability of amended Article 7(1)(iv) clarified

The Patent Court of Korea has held that trademark applications filed before the coming into force of the amended Article 7(1)(iv) of the Trademark Act will be examined under the amended act. The decision puts an end to a period of uncertainty caused by the lack of transitional measures in the act.

04 December 2008

Cameroon introduces third-level domain names

NETCOM, the registry responsible for Cameroon's country-code top-level domain, has introduced third-level ‘.cm’ domain names. Following a sunrise period and a sunrise challenge period, registrations under ‘.co.cm’, ‘.com.cm’ and ‘.net.cm’ have been open to the general public from November 15 2008 on a first-come, first-served basis.

03 December 2008

Lacoste victorious in battle of the crocodiles

In La Chemise Lacoste v Crocodile International Pte, the Australian Trademark Office has upheld oppositions filed by La Chemise Lacoste, the owner of the famous crocodile device mark, against Crocodile International Pte Ltd’s applications for the registration of the trademarks CARTELO and CROCODILE, which both contained a crocodile device.

01 December 2008

‘.tel’ calling: sunrise period starts

The sunrise period for the new ‘.tel’ generic top-level domain commences on December 3 2008. During this period, applications from national trademark owners will be accepted on a first-come, first-served basis. The new ‘.tel’ extension could potentially revolutionize how internet users search for companies online.

19 March 2009

Registration of domain names under '.mx' reopened

NIC Mexico, the registry responsible for the '.mx' country-code top-level domain, has reopened the registration of domain names directly under the '.mx' extension. The reopening will take place in three phases: the pre-registration period, the 'quiet' period and the initial registration period.

18 March 2009

Best practice toolkit launched to help fight against counterfeiting and piracy

A new 'best practice supply chain toolkit', which was produced by the IP Crime Group of the UK Intellectual Property Office, has been launched. The supply chain toolkit includes a step-by-step guide on what action should be taken if counterfeits are found within the supply chain and advice on how to protect IP assets.

16 March 2009

Supreme Court refers questions to ECJ in keying case

In Portakabin Ltd v Primakabin, the Dutch Supreme Court has referred questions to the ECJ for a preliminary ruling in a case involving the use of the registered trademark PORTAKABIN as a keyword in Google's Adwords system. Among other things, the court sought to know whether use of a trademark as a keyword qualifies as use as a trademark for products and/or services under the First Trademarks Directive.

10 March 2009

Registrability requirements for media marks relaxed

The State Administration of Industry and Commerce of China has issued a notice on the registrability of certain marks for “newspapers, periodicals, magazines (periodical) and news publications” in Class 16 of the Nice Classification. The notice relaxes the criteria set forth by certain provisions of Article 10 of the Trademark Law.