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25 January 2017

Does Louis Vuitton lack a sense of humour? The parody defence is no laughing matter for brand owners

In Louis Vuitton Malletier SA v My Other Bag Inc, the US Court of Appeals for the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright infringement and trademark dilution, and agreeing with the District Court’s finding that My Other Bag was shielded from liability by the parody defence.

23 January 2017

New IP Code enters into force: 2017 will be the year of IP rights

Following the merger of various IP-related decree-laws into a single code, the new Industrial Property Code (No 6769) entered into force as of January 10 2017. It is expected that the new code will influence and change Turkish IP law practice by bringing complete or partial solutions to some of the fundamental problems of the country’s trademark law. This update provides a summary of the novelties introduced by the IP Code.

19 January 2017

European arm of top Asia-Pacific trademark player King & Wood Mallesons enters administration

The London office of King & Wood Mallesons (KWM) – a general practice firm with top-rated trademark credentials, previously touted as “the first global law firm headquartered in Asia” – entered administration this week.

19 January 2017

TITANIC QUARTER revoked due to "clear absence of evidence of use"

In Property Renaissance Limited v Titanic Trademark Limited, Property Renaissance Limited has obtained the revocation of the word mark TITANIC QUARTER, registered in the name of Titanic Trademark Limited in Classes 36, 41 and 42, on the basis that the mark had not been put to genuine use in Ireland.

18 January 2017

Unregistered mark with reputation can enjoy protection

In The National Aluminium & Profile Co (foreign company) v Extal Ltd, the Jerusalem District Court has affirmed the deputy trademark registrar’s refusal to register a mark consisting of a lengthwise slit along aluminium profiles following an opposition by the owner of a long-used similar mark.

17 January 2017

The battle of Porsche versus [email protected]

The District Court of The Hague has rendered a judgment in a case brought by Porsche against an unnamed individual. Both parties had met previously in court in 2012, when it was ruled that the defendant had filed a trademark application for the word PORSCHE in bad faith.

16 January 2017

Fitbit sues reseller for selling ‘counterfeits’; defendant claims ‘harassment’

Exercise tracking technology company Fitbit has filed a lawsuit against a New Jersey business which sells discontinued and refurbished products to consumers. In the suit, Fitbit claims the defendant sold ‘counterfeit’ and ‘non-genuine’ versions of Fitbit products – a claim staunchly denied, with a representative telling World Trademark Review that Fitbit is engaging in “litigious scare tactics” in response to a lawsuit it had filed a month previously.

08 February 2017

Domain name transferred under UDRP restituted by French court in absence of infringement

The Paris Court of Appeal has decided that a domain name that had been transferred following a decision under the UDRP had to be transferred back to its initial owner due to the absence of trademark infringement. The case highlights that a UDRP decision does not preclude issuing court proceedings, and that the assessment of trademark infringement is intrinsically different from the assessment conducted under the UDRP.

07 February 2017

Untimely annulment of Article 14 of Decree-Law No 556 creates legal gap

Late last year the Constitutional Court annulled Article 14 of Decree-Law No 556, which governed revocation actions based on non-use. The decision entered into force on January 6 2017. Only four days later, the new IP Code - which replaced Decree-Law No 556 - came into force. There is thus a four-day legal gap, and pending actions filed on the basis of Article 14 now risk being dismissed based on the lack of legal ground.

03 February 2017

Setback for Toyota: Delhi High Court sets aside permanent injunction preventing Prius Auto from using PRIUS mark

In Prius Auto Industries Ltd v Toyota Jidosha Kabushiki Kaisha, the Division Bench of the Delhi High Court has set aside a permanent injunction granted by a single judge preventing Prius Auto from using the mark PRIUS. Among other things, the Division Bench found that Toyota had failed to establish the trans-border reputation of its PRIUS mark in India at the time when Prius Auto adopted the same name.

02 February 2017

Amid hopes of a more pro-IP White House, CADNA re-enters the trademark policy fray

The Coalition Against Domain Name Abuse (CADNA) – the lobby group that was at the forefront of advocating for trademark owner interests in the run up to the new gTLDs programme – is again pushing for amendments to US anti-cybersquatting laws in light of the country’s new Republican-dominated government.

02 February 2017

Producer of distilled beverages fails to obtain cancellation of expired mark for bitters

The Fourth Board of Appeal of the EUIPO has dismissed an appeal by Vilniaus degtine, a producer of distilled beverages, against the refusal to cancel a figurative mark owned by competitor Stumbras. Although Vilniaus degtine was found to have a legitimate interest in continuing the proceedings despite the fact that the mark had expired, the board held that the mark was distinctive as a whole, and that there was no evidence that Stumbras had acted in bad faith when filing the application.

01 February 2017

Intended use of contested mark may constitute bar to registration

The UKIPO has upheld an opposition by Molson Coors - which claimed unregistered common law rights in the marks BLACK LABEL and CARLING BLACK LABEL - against an application by Cold Black Label for the figurative mark COLD BLACK LABEL for beers. This decision demonstrates that intended use of a contested mark may constitute a bar to registration and can have the same effect as the actual use of a mark similar or identical to an earlier mark.

31 January 2017

UDRP is not convenient recourse for business disputes

In a recent decision under the UDRP, a panel has denied the transfer of a domain name and declined to decide whether the three elements of the UDRP had been satisfied, as it was evident that the case was not an instance of cybersquatting but, rather, a business dispute between ex-partners involving substantive legal issues beyond the scope of the UDRP.

30 January 2017

Executive Branch issues legislative decree modifying IP laws

The Executive Branch has introduced major amendments to the Peruvian IP regime through the issuance of Legislative Decree No 1309.