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27 April 2018

New hope for 'Black Friday' offers in Germany?

The German Patent and Trademark Office has held that the trademark BLACK FRIDAY was descriptive and must therefore be kept free for use by competitors.

16 March 2018

Establishing brand presence on China’s evolving online sales platforms

This two-part series identifies the ways in which diverse online sales platforms (OSPs) may affect brands in China, as well as some of the basic commercial and legal issues that brand owners should bear in mind when creating an OSP branding strategy.

16 March 2018

Maintaining control of your brand on China’s online sales platforms

Although branding on online sales platforms remains a relatively new concept, its significance should not be overlooked. In the second part of this series, we consider how brand owners maintain can control in this evolving landscape.

08 March 2018

Battle of the polo logos: 'clean break' is safest course when amending sign in attempt to avoid infringement

In Lifestyle Equities v Santa Monica Polo Club, the High Court has held that the defendants’ one and two-horse logos infringed registrations for the BEVERLY HILLS POLO CLUB logo.

01 March 2018

The 10 most common mistakes in trademark portfolios – and how to avoid them

Analysing more than 30 trademark portfolios of mid-size to large multinationals carrying out business in the European Union reveals a surprising number of illogical filings, errors and gaps. The resulting checklist will support effective portfolio review.

01 March 2018

Gucci successfully opposes registration of GUCCITECH in Class 11

The IP adjudicator has upheld Guccio Gucci SpA’s opposition to the registration of the figurative mark GUCCITECH in Class 11 under Sections 8(2)(b), 8(4) and 8(7)(a) of the Trademarks Act.

01 March 2018

Has China changed? Brand owners face an evolving and uncertain legal landscape

An analysis of recent decisions illustrates an evolving desire by China’s courts to take decisive action against infringers. However, there are a number of strategies that rights holders need to implement to maximise their chances of brand protection success.

27 February 2018

Internet service provider found liable for trademark infringement: exception to safe harbour principle applied

The Beijing IP Court has found that an internet service provider was jointly and severally liable for the infringement committed on its platform. The safe harbour principle indirectly defined by Article 36 of Tort Law did not apply.

26 February 2018

Supreme Court: risk of damage to one of trademark's functions is sufficient to constitute infringement

The Supreme Court has considered whether use of a former supplier's mark on the packaging of the new supplier’s products constituted infringement. 

13 February 2018

Federal Circuit bleeps Lanham Act ban on immoral or scandalous marks

In In re: Brunetti, the Federal Circuit has reversed the TTAB's finding that the mark FUCT as used in connection with various apparel items was unregistrable under Section 2(a) of the Lanham Act.

13 February 2018

America first... for now: how Chinese and European brands are closing the gap

Exclusive analysis reveals why major US brands are feeling the pressure of increased competition in the global marketplace – and how they can fight back.

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.