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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.

12 January 2017

Church's appeal to a higher authority prevails over adidas

The US Court of Appeals for the Federal Circuit has reversed the TTAB’s decision that the sale and transfer of goods in an Illinois church bookstore were de minimis and insufficient to constitute interstate commerce. The court considered whether an intrastate sale to an out-of-state resident satisfied the ‘use in commerce’ requirement under the Lanham Act, and the decision demonstrates a more generous standard of analysis.

11 January 2017

Trademark trends and challenges: have your say on the state of the industry

Corporate and law firm professionals are being invited to participate in the ninth annual Global Trademark Benchmarking Survey, which measures the pulse of the industry, tracks industry trends and identifies how trademark practice is evolving to counter new threats and exploit new opportunities. Participation in the survey is free of charge and designed to give counsel – both in-house and in private practice – the opportunity to have their say on the state of the industry.

11 January 2017

PRET A MANGER held to be highly distinctive

The General Court has upheld the decision to reject an application for the mark PRET A DINER following opposition by Pret A Manger. The court found that the appeal lacked substantive arguments and the decision demonstrates that a high degree of distinctiveness and reputation will satisfy assessment purposes where there is a low degree of similarity between marks.

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.

12 December 2016

Celebrities involved in misleading ads no longer face jail

A panel group of ministers has approved a fine of up to Rs1 million and a one-year ban on celebrities who endorse products making unrealistic claims, but has dropped the controversial proposal to impose a jail term.

09 December 2016

General Court considers approach to dominant elements in KINDER dispute

In Excalibur City sro v EU Intellectual Property Office (EUIPO) the EU General Court considered the correct approach to assessing the relative dominance and distinctiveness of different elements of composite marks for opposition purposes. In doing so, the court overturned the EUIPO Board of Appeal’s findings that marks containing the term ‘Merlin’s Kinderwelt’ were confusingly similar to the mark KINDER.

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.

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.

16 February 2017

Implementation of opposition proceedings - an update almost six months on

On August 29 2016 opposition proceedings became available in Mexico. Almost six months on, this update considers how opposition proceedings have been implemented by IMPI. It is expected that the first trademark applications against which oppositions have been filed will receive a final resolution from IMPI by late 2017.

21 October 2016

High damages awarded in Yahoo! trademark infringement case

The recent judgment of the Delhi High Court which recognised and upheld the well-known trademark YAHOO of Yahoo! Inc, while passing an order of permanent injunction against the defendant and granting damages of Rs 3.2 million and costs of Rs 0.64 million in favour of the plaintiff, is an illustration of the recent trend to safeguard and protect the IP assets of a company.

21 October 2016

Sound marks – reality or fiction?

In a recent judgment the EU General Court confirmed the refusal of a sound mark application filed by the Brazilian company Globo Comunicação e Participações SA consisting of a telephone ringtone on the ground that, due to its banality, the mark was devoid of distinctive character.

20 October 2016

Reform of IP governance in Ukraine

The Cabinet of Ministers of Ukraine has approved Decree 585 that will launch the reform of state governance in the IP sphere. It is believed that the reform will ultimately result in the creation of a single national patent office instead of the existing two-tier model and will increase transparency and efficiency of governance in the IP sphere.