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19 September 2019

Delhi High Court: use of word that is prominent in registered logo mark amounts to infringement

In Max Healthcare v Sahrudya Health Care, the Delhi High Court has held that the use by the defendant of a word that was prominent in the plaintiff’s logo marks amounted to infringement.

19 September 2019

Adultblocks, benchmarking, and second round of gTLDs: brand protection learnings from Foresight 2020

Last week, a seminar was hosted at INTA’s headquarters in New York titled Foresight 2020: State of the Union in the Domain Name Industry. We present takeaways from the event in this exclusive guest post.

19 September 2019

CJEU clarifies jurisdiction in online infringement cases: the consumers' country is the place of infringement

In a victory for trademark owners, the Court of Justice of the European Union has clarified the issue of jurisdiction in cases involving the online infringement of EU trademarks.

18 September 2019

Roughing the applicant: USPTO refuses Tom Brady’s TOM TERRIFIC trademark applications

The USPTO has refused New England Patriots quarterback Tom Brady’s applications for TOM TERRIFIC in Classes 16 and 25, finding that the mark was “uniquely and unmistakably” associated with former New York Mets pitcher Tom Seaver.

18 September 2019

Brexit fraud, employee happiness and law firm technology – takeaways from MARQUES 2019

As hundreds of trademark practitioners descend on Dublin this week to attend the 2019 MARQUES Annual Conference, we provide key learnings from one of the biggest trademark events of the year.

18 September 2019

Trademark litigation in Brazil: 12 key questions answered

In the second part of this focus on enforcement in Brazil series, 12 key questions on litigation processes and strategies are answered.

18 September 2019

New Balance foiled in its attempt to invalidate 百伦 marks

A recent case involving New Balance and its Chinese-character mark 新百伦 highlights the difficulties faced by foreign companies seeking to adopt a Chinese mark to engage with Chinese consumers.

18 September 2019

Laying the groundwork for enforcement success in Brazil

Litigation success in Brazil is ultimately rooted in an understanding of the law and the strategic approach adopted. In the first of a two-part article, João Vieira da Cunha and Jaddy M A P Messias of Gusmão & Labrunie answer five key questions about the pre-litigation phase.

17 September 2019

Raiding the raiders, Philippines filings soar and USPTO fees proposal: news digest 

In our first news digest of the week, we look at the rising demand for Chinese trademarks, a swoop on fake Oakland Raiders merchandise, efforts to tackle counterfeit vaping products, the Swiss Parliament’s move to endorse new anti-piracy legislation, and much more.

17 September 2019

Five counterfeit hotspots that you should be aware of in Chile

For the next edition of our series on physical marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head back to Latin America and focus on Chile. 

17 September 2019

Peruvian authorities crack down on counterfeiters: huge raid conducted in Lima shopping centre

The Peruvian authorities have recently carried out one of the biggest-ever strikes against counterfeiters, raiding 120 informal establishments in the Polvos Azules shopping centre, a hotspot for fakes in Peru.

16 September 2019

MONOPOLY case: a new light on bad faith?

The decision of the Board of Appeal of the EUIPO in invalidity proceedings involving Hasbro Inc’s mark MONOPOLY marked a new approach in the application of the concept of ‘bad faith’ under Article 59(1)(b) of the Trademark Regulation.

16 September 2019

Delhi High Court: VISTARA deserves to be recognised as well-known mark

In Tata Sia Airlines Ltd v Pilot 18 Aviation Book Store, the Delhi High Court has permanently restrained the defendants from using the trademark VISTARA and directed them to pay Rs200,000 in costs to the plaintiff.

15 September 2019

Zippo’s approach to enforcement; counterfeiting hotspots in Brazil; creating law firm diversity programmes; WTR Industry Awards nominations window opens; plus much more.

Everything we covered on WTR 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.

13 September 2019

Defensive trademark registrations: the adidas and Mastercard cases

In two recent cases, defensive EU trademarks belonging to adidas and Mastercard have been cancelled on the grounds of non-use.