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18 November 2019

General Court confirms that figurative mark is descriptive

In United States Seafoods LLC v EUIPO, the EU General Court has confirmed that the mark UNITED STATES SEAFOODS, with a design resembling the US flag cropped into the shape of a territory, was descriptive.

18 November 2019

<em>Make My Trip v Make My Travel</em>: Delhi High Court reaffirms conditions to avail of defence of acquiescence

The High Court of Delhi has reaffirmed that the trademark holder’s express consent to the use of a similar/identical trademark is an essential requirement to avail of the defence of acquiescence under Section 33 of the Trademark Act.

18 November 2019

Counterfeit hotspots in Portugal that brand owners must be aware of

In the latest edition of our series on physical marketplaces around the world that are reportedly notorious for the sale of counterfeit goods, we head to Portugal.

15 November 2019

New INPI resolutions on trademark applications and nullity/cancellation actions – what you need to know

Argentina’s National Institute of Industrial Property has passed two new resolutions that will have a significant impact on trademark owners and practitioners.

15 November 2019

Owners of enjoined company personally liable for monkeying around with injunction

A recent decision of the US Court of Appeals for the 11th Circuit shows that a party that has been enjoined from using a trademark should immediately implement a thorough strategy to halt all use of the infringing mark by both itself and its distributors and vendors.

14 November 2019

General Court provides guidance on proof of enhanced distinctiveness

In EI Papadopoulos SA v EUIPO, the EU General Court has provided guidance regarding the assessment of evidence intended to show the enhanced distinctiveness of a mark.

14 November 2019

Seven counterfeit hotspots in Thailand that brand owners need to know about

In the next edition of our series on physical marketplaces across the world that reportedly engage in the trade of counterfeit goods, we head to Thailand.

14 November 2019

“Groundbreaking” – first successful international mediation could redefine the trademark status quo

The IP Office of Singapore has announced its first successful use of its Enhanced Mediation Promotion Scheme. Talking to WTR, the mediator in this case claimed that the scheme could lead to a "mindset change” for trademark practitioners.

13 November 2019

AI, blockchain, Telegram, TikTok and trade wars – unpacking the latest counterfeit trends forecast

A new report documents the counterfeit trends it expects to shape brand protection efforts in 2020. WTR identifies the most valuable takeaways from the report and the actions that brand owners should be taking.

13 November 2019

General Court: Board of Appeal incorrectly interpreted specification of earlier trademarks

The EU General Court has held that, when interpreting the specification of an earlier mark, it is the interpretation which, among a number of possible interpretations of EU legal instruments, is the one which does not lead to an absurd result that must be preferred.

13 November 2019

Lagging behind? Trademark issues revealed as substantial risk for esports industry

A major new survey finds IP and licensing are the most significant legal issues facing the esports industry. The findings reveal an opportunity for law firms across the world in the fledgling esports space.

12 November 2019

OEM for export: Supreme People’s Court expands definition of ‘relevant public’ in <em>HONDAKIT</em> case

In Honda Motor Co Ltd v Chongqing Hengsheng Xintai Trading Co Ltd, the Supreme People’s Court of China has, for the first time, defined the ‘relevant public’ in OEM cases as including all operators and consumers that may have access to OEM goods for export.

12 November 2019

Counterfeit hotspots in Australia and New Zealand that brand owners must be aware of

In the latest edition of our regular series focused on marketplaces across the world that reportedly engage in the trade of counterfeit goods, we head to Australia and New Zealand.

12 November 2019

Apple reportedly eyes 2023 AR glasses launch: what it means for trademark professionals

In our latest opinion column, we consider reports that Apple is eyeing a 2023 launch for its planned augmented reality (AR) glasses, highlighting the potential impact for trademark professionals.

12 November 2019

In the pink: lack of personal jurisdiction results in dismissal of non-infringement verdict

In C5 Med Werks v CeramTec GmBH, the US Court of Appeals for the 10th Circuit has reversed a Colorado district court’s bench trial verdict, finding that the district court lacked specific personal jurisdiction over defendant CeramTec.