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13 November 2017

Is parody funny? No, not if it’s done in bad faith

A hearing officer has deemed that filing of applications to support a potential parodying form of use against a competitor falls short of the standards of acceptable commercial behaviour.

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”.

06 November 2017

Is SRI KRISHNA SWEETS mark a trademark inheritance?

Sri Krishna Sweets is a popular Indian sweet manufacturer based in Coimbatore. The case involved a trademark dispute between two brothers and their claim to use the SRI KRISHNA SWEETS mark by virtue of their equal share in the mark as part of their inheritance from their father. The court relied on earlier jurisprudence to maintain the balance of convenience and ordered the parties to maintain the status quo.

07 December 2017

Unfair Competition Law amendments

The Unfair Competition Law has been amended for the first time since its introduction in 1993, resulting in some important changes to IP law which will come into effect on January 1 2018. The amended law includes the introduction of an effective system for changing an infringing trade name in order to prevent an infringer refusing to change its name.

24 January 2018

ECJ overturns outsourcing procurement by EUIPO

The ECJ has overturned an outsourcing procurement by the EUIPO, although the latter avoided having to pay damages to a disappointed bidder.

19 January 2018

Toyota loses appeal against PRIUS trademark registration

The Supreme Court has dismissed Toyota’s appeal against the order of the Division Bench of the Delhi High Court permitting the use of the PRIUS mark by Prius Auto.

04 September 2017

Hindustan Unilever triumphs in slander of goods case

In Hindustan Unilever Limited v Gujarat Cooperative Milk Marketing Federation Ltd, the Bombay High Court recently held that an action for disparagement of a plaintiff’s product can be sustained even if the advertisement is directed towards an entire class of products within which a complaining plaintiff’s product falls.

08 September 2017

Major initiative launches to combat illicit trade, aims to unite anti-counterfeiting and supply chain innovators

A new private sector initiative, the Transnational Alliance to Combat Illicit Trade, was unveiled this week with a mandate to “stop the significant and growing economic and social damages caused by illicit trade”.​ Director General Jeffrey P Hardy told World Trademark Review that anti-counterfeiting efforts will be just one work stream, with the organisation aiming to foster a cross-sectorial effort against illicit trade in all of its guises.

08 September 2017

Technology sector brands are boosting ASEAN economies, new report reveals

A new study into the economic importance of trademarks in five Association of Southeast Asian Nations countries has provided compelling evidence that trademark-intensive industries make a vital contribution to gross domestic product, employment and productivity in the region. The report, commissioned by the International Trademark Association, highlights the role played by technology brands in regional economies.

08 September 2017

Fakes on sale, big brands in attendance: dispatches from the China Trademark Festival

The China Trademark Association (CTA) held its annual Trademark Festival in the last week, with domestic and international representatives attending in their thousands. We spoke with various attendees about their observations and highlights from the event.

13 October 2017

Aldi involved in unusual case

The EU General Court has cancelled an opposition decision in the unusual Aldi v the EU Intellectual Property Office (EUIPO) case, on the grounds that the EUIPO Board of Appeal did not take into consideration the request for a stay because Aldi had filed a forfeiture for lack of use action. The decision leaves the EUIPO in a difficult situation if a request for a stay is made.

11 October 2017

Digital language databases more effective than dictionaries or media usage to defend against genericide: study

A recent study has analysed the three most common forms of evidence used in genericism cases and found that corpus linguistics (ie, the use of a digital language databases) could prove to be “more beneficial” for rights holders looking to protect their brand from the threat of genericide. However, the author urges cautions over its use, saying that courts should reconsider the use of linguistic data altogether and reclaim the primary significance test in genericism cases.

03 October 2017

Commentators divided over independent USPTO proposal; doubts over whether it will gain political traction

The House Budget Committee has published a proposal aimed at curbing excessive government spending, with an independent US Patent and Trademark Office (USPTO) included among its recommendations. One trademark expert told World Trademark Review that such a move would end the existing “archaic” relationship between the USPTO and the US Department of Commerce (DOC). However, the feeling on the ground in DC is that both Congress and the DOC will resist efforts to reduce their oversight of the agency.

28 September 2017

Bulgaria adopts new Ordinance on Industrial Property Representatives

The Bulgarian Council of Ministers adopted the new Ordinance on Industrial Property Representatives, under which all individuals wishing to become industrial property representatives must pass a qualifying exam. This is the first act in Bulgaria to establish industrial property representative as a regulated profession.

27 September 2017

Proposed life sentences for counterfeiters in Nigeria hailed as “a welcome development”

A bill in Nigeria has proposed a series of amendments to the country’s counterfeiting legislation, including life sentences for those convicted of selling certain types of counterfeit products.