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25 July 2019

No jury trial for trademark infringement claims

In a recent cosmetics trademark infringement decision, the US Court of Appeals for the 11th Circuit has considered an issue of first impression concerning the Seventh Amendment right to a trial by jury.

24 July 2019

Victory for Red Bull as trademark office refuses application for blue and grey colour mark

The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office has found that a colour combination mark for goods in Class 32 was confusingly similar to Red Bull’s colour and device marks.

24 July 2019

UKIPO success for THE X FACTOR against THE PETS FACTOR

The UK Intellectual Property Office has rejected an application to register THE PETS FACTOR for a variety of goods and services, including the production of TV shows, following opposition by the owners of earlier THE X FACTOR marks.

23 July 2019

General Court confirms lack of likelihood of confusion between IOS FINANCE and EOS

The EU General Court has confirmed that there was no likelihood of confusion between the figurative mark IOS FINANCE for financial services and the earlier figurative mark EOS for debt collection services.

23 July 2019

Supreme Court recognises Modelo’s right to register and use CONTINENTE mark

In a case involving multinational retailer Carrefour, the Spanish Supreme Court has confirmed that under no circumstances can a trademark that is no longer used on the market seek protection.

22 July 2019

Delhi High Court: passing-off action relating to registered design used as trademark is maintainable

In Crocs Inc v Bata India, a Division Bench of the Delhi High Court has ruled in favour of Crocs Inc and held, somewhat controversially, that a passing-off action relating to a “registered design used as trademark” can be maintained.  

19 July 2019

“Juul be sorry”: failure to assign domain name results in contempt of court

The decision of the High Court of England and Wales in Juul Labs Inc v Quickjuul Ltd provides a rare example of a civil court imposing penal sanctions for contempt of court.

18 July 2019

Post-verdict motion for increased damages ends on a sour note

In Barrington Music Products Inc v Music & Arts Center, the US Court of Appeals for the Seventh Circuit has held that the mark owner was not entitled to an increased damages award after discovering that two of the defendants were not separate companies.

18 July 2019

“An enormous opportunity” – IP provisions of EU-Mercosur Agreement lauded

The European Union and the Mercosur bloc of countries have agreed a comprehensive trade agreement that includes significant IP provisions that rights holders should be aware of. 

17 July 2019

China’s economic growth is slowing but expect a renewed focus on brand creation

In our latest opinion column, we consider what impact China’s economic growth slowdown may have on ‘Made in China 2025’ and ‘Belt and Road’ – and, by extension, rights owners.

17 July 2019

Crunch time for Kellogg’s Nutri-Grain cereal

Multinational food and drink giant Nestlé has successfully opposed the registration in New Zealand for the 3D shape of Kellogg’s Nutri-Grain cereal.

17 July 2019

Five counterfeit hotspots you should be aware of in the Dominican Republic

In a new regular series, we highlight marketplaces across the world that reportedly engage in the trade of counterfeit goods. This week, we focus on hotspots in the Dominican Republic.

16 July 2019

Criminal sentence imposed for commercialisation of infringing souvenirs

The Criminal Court No 15 of Valencia has sentenced the managers of a company in the souvenir industry for committing a crime against IP rights under with Article 273 of the Criminal Code.

16 July 2019

Court of Appeal partially overturns High Court in advertising passing-off case

A recent decision of the Court of Appeal of England and Wales highlights that the One in a Million case does not provide a remedy against cybersquatting per se: claimants must still demonstrate goodwill or reputation in the mark contained in the domain name.

15 July 2019

General Court: iconic Gibson V-shaped guitar body invalid as 3D mark

In Gibson Brands Inc v EUIPO, the EU General Court has confirmed the partial declaration of invalidity of a three-dimensional sign representing Gibson’s iconic V-shaped electric guitar body.