Search results

Article type




72,180 results found for your search

Sort options
13 March 2017

Federal Supreme Court: forum delicti requires specific proof of actual or imminent harmful act in relevant territory

The Federal Supreme Court has ruled that, for a court to have jurisdiction based on forum delicti, a harmful act must have actually taken place, or be imminent, in the territory of that court. As the claimant was unable to provide sufficient proof of an infringement within the relevant territory, its claim of trademark infringement and unfair competition was dismissed due to a lack of jurisdiction.

10 March 2017

How close is too close? Statements of support from connected parties in genuine use examined

In MI Industries Inc v EUIPO, the General Court has clarified several principles relating to proof of genuine use of a trademark, in particular the notions of 'close links' and 'third parties'. The court rather unusually went further than the facts of the case and made a number of statements of general applicability.

08 March 2017

India’s new trademark registry rules raise filing fees more than expected

Further to our report earlier this week, India’s Department of Industrial Policy and Promotion has ratified new trademark registry rules and published final fees – some of which are higher than most industry observers had anticipated.

07 March 2017

New call made for plain packaging on high-calorie foods in a bid to fight “small devils in our brains”

A renowned neuroscience professor, unveiled this week as one of the co-winners of The Lundbeck Foundation’s Brain Prize, has stated that efforts need to be made to reduce the attractiveness of unhealthy foods. As the trademark community awaits the predicted fall of the next ‘plain packaging domino’, the focus appears to be shifting to foods and drinks that are high in sugar, fat and salt.

07 March 2017

Both parties in cross-opposition proceedings found to have some rights in LUCKY TEA

In cross-opposition proceedings concerning the mark LUCKY TEA, the hearing officer has found that each party had some rights: Mariages Frères owned the earlier rights for household goods in Class 21 and tea and tea-based products in Class 30, while TWG Tea Company had the earlier rights for other foodstuffs in Class 30, including spices, sugar and bread. The case is a reminder of how important it is to file trademark applications to secure the earliest possible filing date.

02 March 2017

Trademark Office registers colour orange for bakery products

The Trademark Office has registered the colour orange for cakes, biscuits and pastries in the name of Productos Ramo SA, finding that the colour was sufficiently distinctive to allow consumers to associate it with a specific commercial origin. Although Andean legislation establishes that only a “colour delimited by a shape” can be registered as a trademark, the decision shows that the office has become more and more flexible with regard to the shape provided with the application.

01 March 2017

After calling out “malicious” infringement complaints, Alibaba now points the finger at China's “ambiguous counterfeiting laws”

E-commerce giant Alibaba has criticised China’s IP laws and enforcement infrastructure, calling on authorities in its home country to impose stricter criminal penalties for counterfeiting amid mounting disapproval of the company’s own stance on the issue.

10 April 2017

Design patent cancelled based on earlier trademark registration

The board of appeal has cancelled a design patent for a sweet wrapper bearing the Russian word for 'Africa' based on an earlier figurative trademark containing the Russian word 'Liovushka' ('pet lion') for sweets in Class 30. Among other things, the board found that the dominant features of the design patent and the trademark produced the same general visual impression.

10 April 2017

Co-branding: did the High Court in Samsonite get its description right?

In Samsonite IP Holdings Sarl v An Sheng Trading Pte Ltd, the High Court has considered whether the parallel importation of backpacks bearing the trademark SAMSONITE into Singapore, as part of what was called a co-branding agreement, was permitted under the doctrine of exhaustion of rights.

06 April 2017

‘.feedback’ fires salvo over PICDRP complaint; threatens to “de-accredit” MarkMonitor as a registrar

Three weeks after being found in breach of its ICANN compliance obligations as a result of a public interest commitment dispute resolution procedure (PICDRP) complaint, Jay Westerdal, CEO of ‘.feedback’, has fired back at MarkMonitor, one of the parties to the PICDRP. In a letter obtained by World Trademark Review, he alleges that the PICDRP disclosed confidential information and gives MarkMonitor 30 days to cure that breach or face being de-accredited as a registrar for the string.

06 April 2017

General Court provides guidance on revocation of EUTMs for non-use

In IR v EUIPO, the General Court has upheld a EUIPO decision granting Pirelli’s application for the revocation of the mark POPCHRONO on the ground of non-use. The decision provides guidance on several issues relating to the revocation of EUTMs under Article 51(1)(a) of Regulation 207/2009. The mark owner had put forward several ‘imaginative’ arguments, such as Pirelli’s alleged anti-competitive behaviour and the EUIPO’s alleged failure to invite the parties to settle.

06 April 2017

Joint circular sets out new rules for resolving '.vn' disputes

A joint circular issued by the Ministry of Information and Communication and the Ministry of Science and Technology provides for clear rules and procedures for coordination between the relevant authorities in implementing administrative decisions involving ‘.vn’ domain names deemed to be infringing on IP rights. Regrettably, the circular does not address the situation where the domain name is not associated with an active website with content infringing an IP right.

31 March 2017

General Court: no likelihood of confusion between figurative 'e' marks for certain energy-related goods and services

In Edison SpA v EUIPO, the General Court has confirmed that there was no likelihood of confusion between two figurative marks consisting of a stylised letter ‘e’ for certain energy-related goods and services. Among other things, the court agreed with the Board of Appeal’s finding that the relevant public would not base its purchasing decision exclusively on a commonly used abbreviation in the energy market but, rather, on the specific stylisation given to the letter ‘e’.

30 March 2017

Latest edition of our free-to-view global guide to trademark law is now available online

The World Trademark Review Yearbook provides legal professionals worldwide with a simple, easy-to-use guide on the structure of trademark regulations in key jurisdictions across the globe. The 10th edition, which includes an interactive online comparison tool which allows practitioners to directly compare trademark procedures in up to four countries, is now available online.

24 April 2017

No protection in Switzerland for obscene trademarks

The Swiss Administrative Court recently confirmed a Federal Institute of Intellectual Property decision denying protection to an obscene trademark, as it was considered contrary to morality. The decision highlights that the morality standard in Switzerland remains high, even though the court highlighted that the understanding has been relaxed in recent years.