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13 June 2017

INSTASITE held too descriptive for EU trademark registration

The EU General Court has upheld a decision by the EU Intellectual Property Office Board of Appeal not to register INSTASITE in Classes 9 and 36 on the grounds that the mark applied for was descriptive of the goods and services covered, and devoid of any distinctive character.

17 July 2017

Copycat packaging enjoined for unfair competition on dilution grounds

The Seoul Central District Court recently granted a preliminary injunction against the sale of a banana-flavoured jelly product on the grounds of dilution. The court found that the plaintiff's banana-flavoured milk product was a well-known source identifier. As such, the plaintiff had rights to its appearance even for non-milk products.

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.

15 May 2017

Research suggests budgets “holding steady” but more is being required of trademark departments

A new study from Lecorpio suggests that, for the majority of trademark teams, budgets for prosecution and policing are unchanged year on year. However, drilling down it becomes clear that many departments remain under pressure to do more with the same level of resources.

15 May 2017

Paris Court of Appeal clarifies confusion

The Paris Court of Appeal recently found that, among other things, use of the domain name 'lecomptoirducoton.fr' had resulted in both trademark infringement and unfair competition in relation to the trademark COMPTOIR DES COTONNIERS. According to the court, when a domain name is not identical to a trademark, the likelihood of confusion between the two signs should be assessed. This assessment includes a likelihood of association, which should be evaluated internationally.

11 May 2017

The eyes have it

In a recent Uniform Domain Name Dispute Resolution Policy decision, a World Intellectual Property Organisation panel ordered the transfer of a domain name registered seven years ago containing ordinary English words, after the respondent confessed to knowledge of the complainant and disclaimers on the website were found to emphasise this knowledge.

05 May 2017

Entry into force of new Regulation on the Implementation of the Industrial Property Code

Following the Industrial Property Code’s entry into force at the beginning of the year, the new Regulation on the Implementation of the Industrial Property Code has now been published in the Official Gazette and has also entered into force.

03 May 2017

High Court determines appeal against refusal of SOVEREIGN trademark

The recently dismissed appeal against a hearing officer's decision to refuse the registration of the mark SOVEREIGN in respect of "gold commemorative coins" is a reminder that the threshold for success on appeal from a hearing officer – whether to the appointed person or the High Court – is high.

02 June 2017

CAESAR mark successfully blocks application for Caesarstone

In 2016 Caesarstone appealed the decision of the principal assistant registrar to allow an opposition filed by Ceramiche Caesar against an application for its house mark. The High Court upheld the appeal, but the Court of Appeal disagreed with the High Court’s rulings. This decision clarifies that, notwithstanding the differences in length and structure, the distinctive and dominant component of a mark would still be the core consideration in determining similarity.

31 May 2017

Law firm behind Trademarkia to focus on quality as it eyes aggressive international expansion

LegalForce RAPC, the law firm behind the Trademarkia search engine, has revealed to World Trademark Review that it is moving into the “next phase of the company” by implementing quality initiatives, forging new law firm partnerships and conducting an international recruitment drive. The move is an effort to bring more work in-house and diversify its global offering – and will add further competition to the legal services space.

12 June 2017

Nestlé loses latest appeal in Kit Kat 3D trademark battle

Nestlé has been dealt another blow in its ongoing battle to register the shape of its Kit Kat chocolate bar as a UK trademark. The Court of Appeal has recently dismissed Nestlé’s appeal which sought to overturn an earlier High Court finding that Nestlé’s three-dimensional Kit Kat shape trademark had not acquired distinctive character.