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25 July 2019

Non-traditional marks in Latin America: close-up on Colombia

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play in Colombia.    

25 July 2019

No jury trial for trademark infringement claims

In a recent cosmetics trademark infringement decision, the US Court of Appeals for the 11th Circuit has considered an issue of first impression concerning the Seventh Amendment right to a trial by jury.

24 July 2019

Victory for Red Bull as trademark office refuses application for blue and grey colour mark

The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office has found that a colour combination mark for goods in Class 32 was confusingly similar to Red Bull’s colour and device marks.

24 July 2019

China, India, US rise; Japan, Singapore, UK fall – Global Innovation Index 2019 report released

WIPO has revealed the world’s most innovative countries. In a new report it places Switzerland, Sweden and the United States at the top of the list, with the Netherlands, Singapore and the United Kingdom falling down the rankings. 

24 July 2019

UKIPO success for THE X FACTOR against THE PETS FACTOR

The UK Intellectual Property Office has rejected an application to register THE PETS FACTOR for a variety of goods and services, including the production of TV shows, following opposition by the owners of earlier THE X FACTOR marks.

24 July 2019

New dawn for trademarks in Nigeria – all eyes are on regime overhaul

IP protection in Africa’s largest economy is undergoing major changes, as Nigeria’s new Trademarks Registry launches a set of ambitious plans to ensure that the country’s trademark regime is fit for purpose in the globalised world.

23 July 2019

Deepfakes: preparing for the trademark infringement of the future

AI-manipulated ‘deepfake’ videos have the potential to negatively impact the reputation and goodwill of brands and individuals. WTR spoke to trademark experts on how to prepare for the new age of false content.

23 July 2019

General Court confirms lack of likelihood of confusion between IOS FINANCE and EOS

The EU General Court has confirmed that there was no likelihood of confusion between the figurative mark IOS FINANCE for financial services and the earlier figurative mark EOS for debt collection services.

23 July 2019

Supreme Court recognises Modelo’s right to register and use CONTINENTE mark

In a case involving multinational retailer Carrefour, the Spanish Supreme Court has confirmed that under no circumstances can a trademark that is no longer used on the market seek protection.

22 July 2019

‘Love and green’ at the limits of legitimate domain name speculation

A recent decision under the UDRP highlights the tension between speculating in domain names composed of descriptive terms for their perceived inherent value, and the interests of trademark holders who hold trademark rights in such terms.

22 July 2019

What Volkswagen’s portfolio tells us about disruption in the automotive industry

With the rise of autonomous driving technology, ride-hailing companies and micromobility transportation, traditional automotive manufacturers need to evolve fast. Positively, the strength and reputation of existing brands will prove key to fighting off digital start-ups.

22 July 2019

Why India’s colour-coded label plan should be a concern for FMCG brand owners

The Food Safety and Standards Authority of India is currently seeking comments on the draft of its new labelling and display regulation. In this guest post, rights holders in the food and drinks industry are warned over its potential negative impact on product packaging.

22 July 2019

Delhi High Court: passing-off action relating to registered design used as trademark is maintainable

In Crocs Inc v Bata India, a Division Bench of the Delhi High Court has ruled in favour of Crocs Inc and held, somewhat controversially, that a passing-off action relating to a “registered design used as trademark” can be maintained.  

19 July 2019

“Juul be sorry”: failure to assign domain name results in contempt of court

The decision of the High Court of England and Wales in Juul Labs Inc v Quickjuul Ltd provides a rare example of a civil court imposing penal sanctions for contempt of court.

19 July 2019

European Union loses €60 billion each year in sales due to counterfeiting

The EUIPO’s 2019 Status Report on IPR Infringement has revealed that annual losses due to counterfeiting and piracy in the European Union are estimated at €60 billion, which is equivalent to 7.4% of all EU-wide sales.