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14 June 2019

First oral hearing held before TRAB in non-use cancellation appeal

In proceedings involving the ‘Hao Yao Shi’ logo mark, the Chinese Trademark Review and Adjudication Board has agreed for the first time to conduct an oral hearing for an appeal in a non-use cancellation action.

13 June 2019

General Court: concept of 'bad faith' not confined to limited category of specific circumstances

In Holzer y Cia SA de CV v EUIPO, the General Court has upheld a decision of the EUIPO finding that Holzer y Cia SA de CV had applied for the registration of two ANN TAYLOR marks in bad faith.

13 June 2019

Cross-examination and the WOKOZIM case: a new direction for proceedings in Kenya?

A recent decision of the assistant registrar of trademarks within the context of an application for expungement of the mark WOKOZIM shows that, in certain circumstances, a deponent can be asked to appear physically for cross-examination.

13 June 2019

Gab, Parler, Thinkspot: brands warned of IP risks on new anti-censorship social networks

New social media platforms pledging to be “censorship-free” are garnering significant audiences who seek an alternative to Twitter and Facebook. Research from WTR finds that these platforms could be uniquely challenging for rights holders.

12 June 2019

Success for Crocs as defendant is found to infringe 3D mark for shape of Crocs shoes

Colombia’s Superintendence of Industry and Commerce has found that Evacol SAS infringed Crocs Inc’s 3D mark for the shape of its Crocs shoes by commercialising shoes of a confusingly similar shape.

12 June 2019

Eagle eye on attorneys’ fee award: courts must apportion award based on successful claims

In Alliance for Good Government v Coalition for Better Government, the US Court of Appeals for the Fifth Circuit has addressed the standard of review for attorneys’ fee awards under the Lanham Act.

12 June 2019

Protecting IP in Africa’s free trade environment: a “monumental task” for negotiators

A free trade area spanning the continent of Africa is a step closer to becoming reality, with 7 July announced as the date of official launch. We look at the range of IP challenges this will create.

11 June 2019

General Court confirms that there is no likelihood of confusion between AQUAPRINT and AQUACEM/AQUASIL

In Dentsply De Trey GmbH v EUIPO, the EU General Court has confirmed that there was no likelihood of confusion between AQUAPRINT on the one hand, and AQUACEM and AQUASIL on the other, in relation to dentistry products.

11 June 2019

Supreme Court issues landmark decision on goods in transit

In a case involving a well-known sportswear company, the Serbian Supreme Court of Cassation has held that the trademark holder was allowed to prohibit the transit through Serbia of goods infringing its IP rights.

10 June 2019

Sensis prevents use of SENSES DIRECT mark in Australia

In Sensis Pty Ltd v Senses Direct Mail and Fulfillment Pty Ltd, the Federal Court of Australia has found that Senses Direct infringed the SENSIS trademark by using SENSES DIRECT in relation to marketing and advertising services.

07 June 2019

Supreme Court: rejection of trademark licence in bankruptcy is breach of contract that does not terminate licensee’s right to use mark

The US Supreme Court has reversed a decision of the First Circuit and held that a debtor-licensor’s rejection of a trademark licence under 11 USC § 365 is a breach of contract, but does not revoke or terminate the trademark licence.  

07 June 2019

Next-generation trademarks: IP Australia on using blockchain to create smart IP rights

In a world first, IP Australia is using blockchain technology to create a “digital representation” of trademark registrations. We speak with the registry’s CIO, Rob Bollard, to find out more.

07 June 2019

HALLOUMI - a cheesy trademark dilemma

Two opposition procedures filed by the Foundation for the Protection of the Traditional Cheese of Cyprus, which owns the collective mark HALLOUMI, have had different outcomes before the Swedish Patent and Trademark Office.  

06 June 2019

China steps up IP protection further

On 23 April 2019 the National People’s Congress approved amendments to the Trademark Law and Anti-unfair Competition Law, among others. The speedy approval of these amendments demonstrates China’s dedication to strengthening the protection of IP rights.  

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.