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09 February 2018

General Court follows holistic approach to evidence of use; dangers of Article 128(7) highlighted

In Deichmann v EUIPO, the General Court has confirmed that there had been genuine use of a figurative mark for sports shoes, even though the mark as used was not identical to the mark as registered.

06 February 2018

General Court's SWISSGEAR decision: a useful reminder of the legal principles surrounding Articles 7(1)(b) and (c)

In Wenger SA v EUIPO, the General Court has upheld the decision of the EUIPO to invalidate the mark SWISSGEAR for a wide range of goods.

31 January 2018

Polo/Lauren Company fails to invalidate 'polo player' mark

The Polo/Lauren Company has failed to invalidate the Royal County of Berkshire Polo Club's registration for a composite mark containing the word 'polo' and the device of a polo player.

17 January 2018

Alibaba on the offensive: warns brands not to trust Notorious Markets List, undecided on future cooperation

​​​​​​​Alibaba Group continues to talk tough in the wake of Taobao remaining on the USTR's latest Notorious Markets List, now suggesting that brand owners should no longer trust the report.

08 January 2018

adidas wins latest dispute against H&M in Hague Court

The District Court of The Hague has ruled in favour of adidas in the main proceedings of its saga against H&M regarding the companies' respective stripe marks.

02 January 2018

Crushing blow for colour combination marks

The EU General Court recently upheld the decision to invalidate Red Bull’s registrations for its blue and silver colour combination mark, reiterating that the mark is devoid of distinctive character.

08 December 2017

US retail brands are teeming with life despite the so-called 'retail apocalypse': exclusive data analysis

World Trademark Review takes an in-depth look at the retail sector. As one of the most dynamic branding environments of any industry sector, we analyse how the top brands in this field have performed.

07 December 2017

ECJ’s Coty decision a major win for luxury brands but question marks remain for other sectors

The European Court of Justice handed down its much-anticipated Coty judgment this week, ruling that brand owners may restrict the online sales of their products through third-party platforms.

28 November 2017

Fighting fakes over the festive period: anti-counterfeiting activity steps up as shopping season begins

With Black Friday and Cyber Monday having kick-started the online shopping season, government agencies and associated organisations have stepped up their anti-counterfeiting messaging and enforcement efforts. 

02 November 2017

LOVE TO LOUNGE held to be a valid mark

Lidl recently filed for invalidity of Primark’s LOVE TO LOUNGE mark on the grounds that it was descriptive and had no distinctive character. However, the EU General Court dismissed Lidl's application; it held that the mark required some cognitive or intellectual effort on the part of the relevant public when used in relation with the goods in question and therefore had distinctive character.

13 October 2017

Aldi involved in unusual case

The EU General Court has cancelled an opposition decision in the unusual Aldi v the EU Intellectual Property Office (EUIPO) case, on the grounds that the EUIPO Board of Appeal did not take into consideration the request for a stay because Aldi had filed a forfeiture for lack of use action. The decision leaves the EUIPO in a difficult situation if a request for a stay is made.

25 September 2017

Court awards Tiffany damages in Costco infringement case

In the most recent development in the trademark infringement case between Costco and Tiffany, the court awarded Tiffany $11.1 million in trebled profits and an additional $8.25 million in punitive damages. 

06 September 2017

Red flag for retailers using another’s online listings

In a recent case in the Intellectual Property Enterprise Court two related claimants, both online flag retailers, brought a successful trademark infringement action and a successful action for passing off against another online retailer. The case highlights the challenges of sales through an online marketplace, particularly where similar or identical products from rival enterprises may be grouped together.

15 August 2017

Costco to appeal latest ruling in Tiffany dispute; claims case isn't about “common understanding” of counterfeiting

A US District Court judge has found that Tiffany & Co is entitled to recover $11.1 million in lost profit (plus interest), as well as $8.25 million in punitive damages, from Costco over the sale of counterfeit Tiffany rings. In response, the wholesale giant has pledged to appeal, contending that the case is not about counterfeiting “in the common understanding of that word”.

26 July 2017

As critics label Alibaba’s anti-counterfeit efforts a “drop in the bucket”, details emerge of brand alliance progress

Last week Alibaba announced success in a civil suit against a pet food vendor indicted for selling counterfeit cat food on Taobao. While the company highlights the action as an example of its crackdown on counterfeits, one industry commentator has labelled such actions as “window dressing” and called on the e-commerce giant to do more. Against this backdrop, World Trademark Review has obtained information about ongoing discussions between Alibaba and a group of brands on future enforcement efforts.