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02 August 2019

Gorilla wars: infringement but no intent

The US Court of Appeals for the 11th Circuit has confirmed that the mark GORILLA GYM, used by Velex Corporation for indoor pull-up bars and accessories, infringed PlayNation’s GORILLA PLAYSETS mark for outdoor children’s playsets.

01 August 2019

Fjällräven’s G 1000 mark cancelled for goods in Class 25

In a decision that deviates from existing case law and administrative practice, the Oslo District Court has cancelled Fjällräven’s registered trademark G 1000 for goods in Class 25, holding that the mark was not used to communicate the commercial origin of the goods.

01 August 2019

No UDRP remedy for failure to renew

A recent UDRP decision involving the domain name ‘titoni.com’ shows that domain name registrants must manage their portfolios rigorously to avoid missing any expiry dates.

01 August 2019

How FaceApp’s terms of use could open risk of infringement that you can’t fight

A media storm has circled around Russian-owned FaceApp over fears that personal data is being sold for potentially nefarious purposes. We speak with an expert about the legal issues that rights holders should be aware of.

01 August 2019

Practical implications of the new EU Copyright Directive

The new EU Copyright in the Digital Single Market Directive has significant potential for content creators and publishers – but the nuances of the new rules must be properly understood.

01 August 2019

Best practice in litigation strategies: global perspectives

Trademark experts from around the world offer practical guidance on how to maximise the chances of litigation success in their jurisdiction.

01 August 2019

Mind the gap – why law firms must bridge the gender divide

The legal sector is traditionally a male-dominated industry and although that is changing, more work needs to be done to combat inequality.

31 July 2019

Plucked wings: breaking down the CJEU’s invalidation of two Red Bull colour trademarks 

A protracted case came to a close this week when Red Bull’s appeal to the Court of Justice of the European Union was dismissed. One of the intervenor’s representatives told WTR that the decision should not have any direct impact on existing colour marks.

31 July 2019

Uzbekistan introduces criteria for determining whether trademark is well known, transfers IP office appeal board to Ministry of Justice

A resolution which entered into force in Uzbekistan on 2 July 2019 introduces criteria for determining whether a trademark is well known. The resolution also brings the Board of Appeal of the Intellectual Property Office under the jurisdiction of the Ministry of Justice.

31 July 2019

General Court confirms likelihood of confusion between H’UGO’S and HUGO’S BURGER BAR

The EU General Court has confirmed that there was a likelihood of confusion between the figurative mark HUGO’S BURGER BAR in Classes 29 and 30 and the earlier word mark H’UGO’S in Classes 29, 30 and 43.

30 July 2019

Geographical indications on the horizon in Russia

The Duma has passed a bill with provisions clarifying the requirements for geographical indications on its final reading, a new and long-awaited IP development in Russia.

30 July 2019

PEPPA PIG device mark invalidated based on prior copyright under Article 32 of Trademark Law  

A Trademark Review and Adjudication Board decision involving a PEPPA PIG device mark has recently been selected as one of the China National Intellectual Property Administration’s top 20 model cases for 2018.

29 July 2019

Bad-faith oppositions beat BEN FORD, LIKE A BOSS

Recent Australian opposition proceedings involving the marks BARRY FORD, BEN FORD and LIKE A BOSS show that comprehensive monitoring is essential to help businesses identify and oppose applications which either infringe on an existing mark or are filed in bad faith.

29 July 2019

The future is bright for Rospatent

Over the past couple of years rapid improvements have been made at the Russian IP office. In an exclusive column, head of the registry Grigory Ivliev looks at its current operations and speaks about future plans.

29 July 2019

The top filers and a vision for the future: inside EUIPO operations

Less than a year into Christian Archambeau’s tenure as executive director, the EUIPO is laying the groundwork for future expansion. World Trademark Review’s annual focus on the office assesses current operations, reveals the most proactive filers and explores how the agency is taking a global view of trademarks.