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15 March 2007

Making sense of China

Problems, recurrent and new, hindering the enforcement of rights continue to obscure the horizon for mark owners operating in or wishing to enter the Chinese market. However, positive developments are brightening the landscape and should also be acknowledged.

15 March 2007

The state of the Union

It has been a busy period for US trademark owners. In this roundtable discussion, four US practitioners talk through some of the major issues to have emerged over the last few years.

15 March 2007

The battle for Budweiser

It’s a story that involves royal dynasties, new world settlers, the collapse of Eastern European communism and a place that some say doesn’t exist. But at its heart, the interminable dispute between brewers Anheuser-Busch and Budejovicky Budvar over the name Budweiser is all about trademarks.

05 March 2007

Licences of pending trademark applications may now be recorded

The Singapore Parliament has passed the Trademarks Amendment Act, which introduces changes in respect of the recordation of transactions. Under the Trademarks Act 1998, only transactions relating to registered trademarks were recordable. The amendment act provides that licences, assignments and security interests in respect of an application for a trademark may also be recorded.

06 February 2007

ESSO unregistered licensing agreement invalid

The Thai Supreme Court has affirmed a lower court decision that a licensing agreement between Esso and a local petrol station operator, which was part of a broader agreement, was invalid because it had not been registered with the trademark registrar. This highlights the importance of complying with the Trademark Act requirements.

15 September 2006

Microsoft licensing not anti-competitive, rules UK court

A High Court judge has granted Microsoft's request for summary judgment in a case of copyright and trademark infringement. The case demonstrates that although Microsoft is currently in bad odour with the European Commission for its anti-competitive conduct, competition law cannot always be relied on by those opposing the IT giant.

27 June 2006

Delhi High Court takes a strict stand on licences

The Delhi High Court has issued a ruling clarifying that the rights of a registered proprietor take priority over those of other parties, and that invading those rights is tantamount to infringement. The decision, which arose out of a licensor-licensee relationship sends a strong message to licensees to respect contractual arrangements.

26 June 2006

Meaning of 'contrary to public order or morality' interpreted

The Supreme Court has confirmed that although an act of filing and registering a trademark belonging to another party may breach a contract with that party or constitute an act of bad faith, it is not necessarily contrary to public order and morality. In doing so, the court interpreted the meaning of Article 7(1)(4) of the South Korean Trademark Act.

24 May 2006

KLAUS KOBEC decision issued by High Court

In Fields v Klaus Kobec Ltd, the High Court of England and Wales has issued a decision in relation to use of the mark KLAUS KOBEC on watches, which serves as a reminder that (i) the right to trade under a brand following termination of a sales and marketing agreement should be clearly delineated, and (ii) a court will be reluctant to infer ownership of a mark which differs from that registered.

26 April 2006

Unregistered mark may be subject to a security interest

In McCurdy Enterprises Limited v Shamrock Springs Water Inc, the Newfoundland and Labrador Superior Court had to determine whether a common law trademark is an asset that may be subject to a security interest that covers all of a debtor's property. The case highlights the importance of conducting proper searches for security or other encumbrances on the title of assets, particularly in the context of unregistered marks.

25 April 2006

Ecuador

25 April 2006

Canada

25 April 2006

Benelux

25 April 2006

Sweden