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28 November 2019

Shanghai court innovates with punitive damages for trademark infringement: IP owners can aim higher

In a landmark decision, the Shanghai Pudong District Court has awarded punitive damages equal to three times the proven damages to a foreign sportswear company.

27 November 2019

OUTSOURCE 2 INDIA case: purely descriptive terms may not always be registered by other traders

In invalidity proceedings against the mark OUTSOURCE 2 INDIA, the Court of Justice of the European Union has confirmed that a finding of bad faith does not necessarily require the existence of earlier trademark rights.

26 November 2019

Unregistered designs - how to disclose and save novelty

The Intellectual Property Enterprise Court in London has referred to the Court of Justice of the European Union two questions on unregistered Community design rights which have been discussed in legal literature for years.

26 November 2019

Five counterfeit hotspots in the Czech Republic that brand owners must be aware of

In another edition of our regular series on marketplaces across the world that reportedly engage in the trade of counterfeits, we head to the Central European nation of the Czech Republic.

25 November 2019

Handling secret corporate rebrands: exclusive interview with Expedia’s Jennifer Bollen

Playing an integral role in managing Expedia Group's expansive portfolio is Jennifer Bollen, senior paralegal, who speaks to WTR about the challenge of managing a secret rebrand.

25 November 2019

Against the grain? General Court finds that SIR BASMATI RICE is descriptive

The EU General Court has held that the mark SIR BASMATI RICE would be recognised by a not insignificant part of the relevant public as directly and exclusively describing a well-known variety of savoury rice which is grown in India.

25 November 2019

SoulCycle obtains registration of SOUL mark on appeal

The general director of the Industrial Property Office has reversed a decision of the Trademark Office refusing to register SoulCycle’s trademark SOUL in Class 41 based on the earlier figurative trademark SOUL CAFÉ, also in Class 41.

22 November 2019

<em>Princeton Vanguard v Frito-Lay</em>: each party gets a single choice of which type of appeal to pursue

In a case of first impression, a district court has held that a party having once appealed a decision of the TTAB to the US Court of Appeals for the Federal Circuit cannot thereafter appeal the board’s decision on remand to a district court.

22 November 2019

Tempting Brands retains the PIERRE DE COUBERTIN trademark in New Zealand

The High Court of New Zealand has put an end to the dispute between the International Olympic Committee and Tempting Brands over the trademark PIERRE DE COUBERTIN.

22 November 2019

Michael Gleissner versus Apple and Samsung: millionaire defeated in Benelux and UK

Two recent trademark cases in Benelux and the UK have landed significant blows to notorious millionaire Michael Gleissner’s unprecedented trademark activity. According to one expert, they clearly demonstrate that IP offices are “not a playground for vexatious parties”.

21 November 2019

LIVINGDREAMS mark put to bed on appeal

The appointed person has upheld a decision of the UKIPO finding that there was a likelihood of confusion between the figurative mark LIVINGDREAMS in Class 20 and earlier marks consisting of, or containing, the word ‘dreams’ in Classes 20, 24 and 35.

21 November 2019

Zhihu and IP protection: the brand risks and opportunities on China’s trendy new social media app

Zhihu is a new social media platform making inroads on the Chinese market. With doubts around the IP enforcement capabilities of the platform, WTR takes a closer look at the app with the help of brand protection experts in China.

20 November 2019

Foreign equivalent of geographical name may be registered if average public would not understand its meaning

In a victory for the Czech car manufacturer, the Re-examination and Evaluation Board has upheld Škoda Auto AS’s appeal against a decision of the Turkish Trademark and Patent Office refusing to register the mark SUEDIA for automobiles.  

20 November 2019

Benelux Court of Justice considers whether work of art may contain well-known trademark

In a case involving paintings by Belgian artist Cedric Peers, in which he depicted bottles using the well-known shape and label of Dom Pérignon champagne, the Benelux Court of Justice has considered the freedom of artists to use trademarks in their work.

19 November 2019

Bent(ley) out of shape in trademark dispute

In Bentley 1962 Ltd v Bentley Motors Ltd, the High Court of England and Wales has found that Bentley Motors, the well-known manufacturer of luxury vehicles, had infringed trademarks belonging to a small UK-based clothing company.