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06 June 2019

Parody law in Canada: experts split over need to amend trademark rules

A Quebec court’s ruling in a high-profile parody case has reignited discussion about the treatment of satire in Canadian trademark law. We speak to two market experts, who consider whether more legal clarity is required.

06 June 2019

General Court: Board of Appeal erred in assessing distinctive and dominant character of first name and surname making up trademark

In Andrea Incontri Srl v EUIPO, the EU General Court has held that the Fourth Board of Appeal of the EUIPO had erred in assessing the distinctive and dominant character of the word elements making up the ANDREA INCONTRI mark.

05 June 2019

Success for footwear company Bata as Delhi High Court confirms that POWER mark is well known

In Bata India Limited v Chawla Boot House, the Delhi High Court has recognised that Bata India Ltd’s trademark POWER is well known in India, and restrained the defendant from using the word ‘power’ in respect of footwear and related products.

05 June 2019

Major changes in Finnish trademark law: what IP practitioners need to know

A new Trademarks Act has come into force in Finland, ushering in significant changes for those seeking to protect brands in the country. We speak with leading experts about what international rights holders should be aware of.

05 June 2019

VIRGIN v VIRGINIC: High Court provides guidance on indirect confusion

In Virgin Enterprises Ltd v Virginic LLC, the High Court of England and Wales has upheld Virgin's appeal and held that there was a likelihood of indirect confusion between VIRGINIC and VIRGIN for goods in Class 3.

04 June 2019

Tajikistan amends trademark law; pending applications now published

A law introducing amendments to Tajikistan’s trademark law entered into force at the beginning of this year, bringing about several important changes.

04 June 2019

China’s enforcement changes: “A new opportunity for IP investigations”

Recent changes in China’s IP enforcement landscape have resulted in the newly formed Food and Drugs Crime Investigation Bureau taking on responsibility for IP crime investigations. 

04 June 2019

SKY v SKYPRIVATE: is the sky the limit for Sky’s enforcement of its mark in the European Union?

The EU General Court has issued its decision in an appeal concerning whether the figurative mark SKYPRIVATE, filed by the CEO of a provider of online erotic shows, was confusingly similar to Sky Ltd’s earlier word mark SKY.

03 June 2019

Low-quality packaging a legitimate reason to oppose further exploitation of luxury branded goods

A recent decision of the Intellectual Property Enterprise Court in London should be of comfort to luxury brand owners, as it demonstrates that the courts will consider the presentation of products as an important aspect of preserving their prestige in the market. 

03 June 2019

Neymar trademark case: accepted principles of ethical behaviour or honest commercial business practices prevail over first-to-file rule

In a recent case concerning a trademark associated with the footballer Neymar, the General Court has confirmed that the objective circumstances of the case led to the conclusion that the applicant was acting in bad faith when he filed the application for registration of the mark.

31 May 2019

General Court: mark meaning ‘white’ in Swedish can be registered for household goods

The EU General Court has annulled a decision of the EUIPO in which the latter had found that the mark VITA, which means ‘white’ in Swedish, was descriptive and lacked distinctive character for household appliances.

31 May 2019

General Court’s MULTIPLUS decision highlights status to be accorded to national registrations in opposition proceedings

In Sona Nutrition Ltd v EUIPO, the EU General Court has found that the Board of Appeal had erred in law in finding that the word element ‘multiplus’ was devoid of distinctive character in the context of the applicant’s combined word/logo mark.

30 May 2019

Success for Sky as General Court upholds opposition against SKYFI

In KID-Systeme v EUIPO, the EU General Court has upheld a decision of the EUIPO in favour of Sky Ltd's opposition to KID-Systeme GmbH's application to register the mark SKYFI for Class 9 goods and Class 37 services.

30 May 2019

Russian court issues controversial decision in RED SQUARE case

A Russian court has reversed a decision of the patent office refusing to register the assignment of the mark RED SQUARE in the name of Azamat Ibatullin, a notorious trademark squatter.

29 May 2019

CJEU on products evoking a designation of origin: Don Quixote only rides the plains of La Mancha!

The Court of Justice of the European Union has concluded that the use of figurative signs and words that evoke a geographical area which is associated with a protected designation of origin may constitute an unlawful evocation of the latter.