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29 October 2007

Ninth Circuit restricts scope of non-compete obligations under trademark agreement

In Comedy Club Inc v Improv West Associates, the Ninth Circuit has vacated in part a district court order confirming an arbitration award which enforced a non-compete clause under a trademark licensing agreement. Among other things, the court found that the nationwide scope of the injunction awarded by the arbitrator could not be reconciled with California law.

12 October 2007

Use by non-registered licensee defeats cancellation claim

The Colombian Trademark Office has held in a legal opinion that the owner of a registered trademark may rely on the use made by a non-registered licensee to avoid the cancellation of the trademark for non-use. Surprisingly, this approach is contrary to Article 162 of Andean Community Decision 486, which states that, in the absence of registration, a licensing agreement shall be "invalid with respect to third parties".

05 October 2007

Assignee's fraudulent trademark registrations cancelled

In Superior Commercial Enterprises Inc v Kunnan Enterprises Inc, the Court of Appeals has declared that Superior Commercial Enterprises did not lawfully own the trademarks KENNEX and PRO-KENNEX, as ownership by way of assignment was fraudulently obtained. Superior had failed to disclose that it was a mere distributor of the assignor's products in its application for registration of the trademarks.

20 September 2007

Former distributor has no joy in KICKAPOO infringement claim

The Malaysian Court of Appeal has discharged an injunction granted to the former distributor of the Kickapoo carbonated drink against the drink's current distributor. The court held that as the former distributor is not the mark owner, it does not have a proprietary interest in the mark and thus its remedies lies in contract rather than trademark law.

11 September 2007

Different but the same

With a large, relatively wealthy population, the United Kingdom is a European jurisdiction that no trademark owner can afford to ignore

11 September 2007

An enduring trademark legacy

The success of E&J Gallo Winery has not only made a family name famous around the world, but has also tested how well a personal commitment to the value of trademarks can translate into a brand strategy

11 September 2007

Trademark managementProduct quality and trademark licensing in China

A growing number of foreign trademark owners are seeking trademark licensing opportunities in China to exploit the commercial value of their marks. However, they often overlook the issue of quality control

11 September 2007

The end of an era

The UK trademark examination process will change dramatically next month when relative grounds are no longer considered by the registry

11 September 2007

Brands from the frontlineDevising a corporate trademark philosophy

Ensuring that all employees understand the importance of trademarks to the business should be part of every company's brand protection strategy

26 July 2007

Genoa court clarifies ECJ Montex decision in patent case

In a case involving patents, a court in Genoa has given useful guidance on the interpretation of the European Court of Justice decision in Montex Holdings Ltd v Diesel SpA. Among other things, the Genoa court decision clarifies that the actual destination of goods for the purposes of a preliminary seizure and injunction can be demonstrated by means of documentary evidence, such as the relevant shipping documentation.

17 July 2007

Liability of licensor discussed by appellate court

The Court of Appeals has held the licensor of a trademark liable for damage caused by a defective product manufactured by a former licensee. The court held that if damage to consumers arises from a defective product or as a result of the rendering of a service, the producer, manufacturer, importer, distributor, supplier or whoever has placed its trademark on the product or used it in conjunction with the service shall be held liable.

16 July 2007

Issues on recovery of sales tax on trademark royalties clarified

The case of GlaxoSmithKline Asia P Ltd v Assessing Authority, Special Zone Trade and Tax Department, is part of a recent trend of fiscal actions in which the Indian courts are required to examine trademark issues. In the case at hand, the Delhi High Court has clarified the law in relation to the recovery of sales tax on trademark royalties.

13 July 2007

Supreme Court clarifies licensee rights to infringement claims

In a case involving the trademark STOLICHNAYA, the Supreme Court of Estonia has clarified what rights a trademark licensee has in relation to trademark infringement claims. The court held that only the trademark owner entered into the Trademark Register at the time of filing a claim has the right to make a claim of trademark infringement.

10 July 2007

Industry Awards 2007

On May 1 2007 World Trademark Review announced the winners of its inaugural Industry Awards, sponsored by Thomson CompuMark, for in-house trademark teams at a ceremony in Chicago. The awards are designed to recognize the vitally important work done by in-house trademark counsel, and identify the teams and individuals that are performing their functions to the highest possible standards. The following pages feature profiles of the winners

10 July 2007

Chicago medley

The International Trademark Association's annual meeting remains the must-attend event for the trademark industry. WTR asked afew delegates what they got out of this year's meeting.