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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.  

21 July 2019

Phishers target law firms; counterfeit hotspots; diversity in the legal field; and much more

Welcome to this week’s WTR Sunday Supplement, presenting everything we covered over the last seven days – and all you need to know from the world of trademarks to set yourself up for the start of another busy week.

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.

19 July 2019

Amending the Lanham Act, protecting Lamborghini in Brazil, and "a factory of ideas": news digest 

In our latest edition, we look at Michael Kors launching a digital store on Alibaba’s Tmall, INTA's call for the Lanham Act to be amended, an illicit trade report from TRACEIT, China’s IP transformation, and much more.

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

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

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

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

Yosemite settles, UKIPO needs your help, and Huawei seeks harmony: news digest

In our latest edition, we look at a reminder of the medical risks of counterfeits in Hong Kong, a car air freshener brand taking Ryanair to court, Monaco now using the TMclass list, applications up in Bhutan, and much more.

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.

12 July 2019

Trademark solicitation scams: identifying the scale of the issue

In a major upcoming investigation, WTR will look at the scourge of trademark solicitation scams. Today we ask readers to share their experience of spurious trademark invoices.

12 July 2019

IP Australia launches visual search, most boycotted brands, and CNIPA reveals trademark data: news digest

In our latest round-up, we look at Colgate making an offer for Filgora’s skincare business, Tencent questioning the existence of singular or plural TLDs, Kylie Minogue commenting on that trademark dispute with Kylie Jenner, and much more.