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29 March 2018

Court of Appeal: 'stick' and 'stix' are distinctive for Class 30 goods

In a somewhat unusual decision, the Turkish Court of Appeal has found that the words 'stick' and 'stix' were the dominant elements of the plaintiff's trademarks and that they were distinctive for Class 30 goods.

27 March 2018

As SERIAL trademark is refused, research reveals podcast industry lags behind in brand protection

​​​​​​​A trademark application for the term SERIAL, filed by the creators of the popular podcast of the same name, has been refused. It comes as research reveals that many popular podcasts have no registered protection.

27 March 2018

Suspension of official fees payable by foreign entities: brand owners should stay alert

Although the payment of official fees to the Venezuelan IP office has been suspended temporarily, foreign brand owners should be prepared and ensure that their representatives are nevertheless sent the relevant fees.

23 March 2018

Warning: discovery misconduct can cost more than just your case

In Klipsch v ePRO the US Court of Appeals for the Second Circuit has adopted a standard that “discovery sanctions should be commensurate with the costs unnecessarily created by the sanctionable behaviour”.

22 March 2018

Attorney urges businesses to “stand firm and plead bad faith” in Gleissner oppositions

An attorney who recently prevailed in an opposition against Michael Gleissner-linked trademark application explains why he worked the case “for the good of the system rather than profits”.

04 May 2018

3D Kit Kat mark: advocate general delivers further blow to Nestlé

The advocate general has delivered another blow to Nestlé in its long-running attempt to register the shape of its four-fingered Kit Kat bar as a three-dimensional EU mark.

02 May 2018

Beijing IP Court's LIVINGSOCIAL decision: proving copyright ownership in trademark disputes

In opposition proceedings against the device mark LIVINGSOCIAL, the Beijing IP Court has held that, without compelling evidence that the mark was created independently, it infringed the prior copyright of LivingSocial.

01 May 2018

Last orders! High phonetic similarity between marks for alcohol sufficient to create likelihood of confusion

The EU General Court has confirmed that there was a likelihood of confusion between YAMAS and LLAMA for alcoholic drinks due to the high phonetic similarity between the marks for the Spanish-speaking public.

01 May 2018

Coexistence of trademarks: Federal Court's decision reaffirms limited scope of consent agreements

The Federal Court of Canada has upheld the refusal to register EDMOND DE ROTHSCHILD because it was confusing with the registered mark ROTHSCHILD - despite the fact that the applicant submitted a consent agreement with the owner of the cited mark.

27 April 2018

Good news for brands owners: custodial sentences given to owners of stores selling counterfeit goods

Following a significant operation carried out at Ecuador’s largest informal market, the owners of three stores in which counterfeit goods were seized were arrested and given prison sentences.

22 March 2018

dotFM embraces emoji domain names

‘.fm’ is to join the handful of TLDs that are making emoji domain names available to register. dotFM has released a list of domain names for which it is inviting pre-launch "expressions of interest".

21 March 2018

Bohemia decision: Federal Court confirms approach to distinctiveness assessment where mark contains geographical term

In Bohemia Crystal v Host Corporation, the Federal Court of Australia has found that the marks BOHEMIA and BOHEMIA CRYSTAL were not distinctive as they indicated a geographical origin known for crystal glassware.

21 March 2018

Trademark Office clarifies when applications may be modified – what applicants need to know

The Colombian Trademark Office has published an article clarifying when and to what extent it will be possible to amend a trademark application.

19 March 2018

Commodores decision: former band member must sail on down the line

In Commodores Entertainment Corp v McClary, the US Court of Appeals for the 11th Circuit has upheld a permanent injunction precluding a musician from using the trademarks of his former band. 

15 March 2018

First Circuit allows Chapter 11 debtor to terminate trademark licence; creates split with Seventh Circuit

In In re Tempnology, the US Court of Appeals for the First Circuit has held that Chapter 11 debtors may reject trademark licences, thus creating a split with the Seventh Circuit over a company’s ability to terminate a trademark licence while in bankruptcy.