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08 August 2019

Pampered Chef succeeds in trademark infringement battle

Pampered Chef, a world leader in the sale of premium kitchenware products, has succeeded at trial in defending trademark infringement, passing off and dilution and depreciation of goodwill claims brought by Canada's largest retailer, Loblaws.

08 August 2019

General Court confirms lack of likelihood of confusion between MANDO and earlier MAN marks

The EU General Court has partially upheld a decision of the First Board of Appeal of the EUIPO finding that there was no likelihood of confusion between the word mark MANDO and earlier international registrations for the figurative mark MAN.

07 August 2019

Return of the Supermac’s: Irish chain delivers another blow to McDonald’s 

The EUIPO has partially invalidated McDonald’s EU trademarks for the ‘Mc’ prefix. As with the recent BIG MAC decision, McDonald’s was deemed to have submitted insufficient evidence to claim use for the disputed marks.

06 August 2019

Supreme Court confirms refusal of CLOS DE PIRQUE for wine

The Chilean Supreme Court has upheld a decision of the IP Court refusing an application for CLOS DE PIRQUE in Class 33 on the ground that the mark consisted of an EU ‘traditional term’ and a Chilean appellation of origin.  

06 August 2019

TUTORABC v HITUTOR: Appeal Court sets out distinctiveness criteria

A recent judgment from Taiwan’s IP Appellate Court provides welcome clarification on the protection of well-known trademarks containing words that may otherwise be deemed to lack distinctiveness.

05 August 2019

Draft regulations cement China’s emerging position on tackling infringement

Draft regulations from the National Development and Reform Commission formalise China's changing stance on asserting punitive damages for IP rights infringement. The regulations are open for public comment until 12 August 2019.

02 August 2019

Court of Milan protects Sisley against unauthorised marketing of products by Amazon

The Company and IP Specialised Division of the Court of Milan has recognised the validity of Sisley’s selective distribution network and ordered Amazon, which is not part of Sisley’s network, to end its marketing of Sisley products.

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

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.

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

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

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.