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14 October 2019

General Court confirms invalidity of trademark consisting of 2D depiction of shape of goods that performs a technical function

In Roxtec AB v EUIPO, the EU General Court has upheld a decision of the Second Board of Appeal of the EUIPO finding that a figurative trademark depicting a black square containing seven concentric blue circles was invalid.

13 October 2019

NBA backlash over Hong Kong tweet; associations target WeChat; crowd-shipping counterfeits threat; 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.

11 October 2019

ADDICTED 'marijuana' device mark invalidated on application by adidas

In a decision that provides a warning to companies seeking to parody well-known brands, the UK Intellectual Property Office has upheld adidas's application for a declaration of invalidity of the device mark ADDICTED.

11 October 2019

Second user vaping company has no claim to AFFLICTION

The US Court of Appeals for the 10th Circuit has found that the district court had erred in finding that there was no likelihood of confusion between the mark AFFLICTION for apparel and the mark VAPE AFFLICTION for vaping accessories.

10 October 2019

Counterfeit hotspots in Malta that brand owners should have on their enforcement radar

In the next part of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to the Mediterranean island of Malta.

10 October 2019

#DARFERDAS? case: CJEU clarifies distinctiveness requirements

In a case involving the mark #DARFERDAS?, the Court of Justice of the European Union has held that, when examining the distinctive character of a mark, all the likely types of use must be taken into account.

09 October 2019

The similarity threshold for trademark dilution under Article 8(5) – how low does it go?

The EU General Court has overturned the denial of Volvo’s opposition against the registration of the mark V-WHEELS, holding that the EUIPO had incorrectly found that the relevant marks were dissimilar for the purposes of Article 8(5) of EU Regulation 2017/1001.

08 October 2019

Ortlieb v Amazon - the constant struggle to find what you are looking for

In the longstanding dispute between outdoor gear company Ortlieb and Amazon in Germany, the Federal Supreme Court has confirmed that the use of the trademark ORTLIEB by Amazon in online advertisements constituted trademark infringement.

08 October 2019

Is extra-territorial use sufficient to ground a claim for ownership of a trademark?

In SRAM LLC v Huan Schen Sdn Bhd, the Malaysian Court of Appeal has seemingly expanded the concept of ‘use’ of a trademark to include extra-territorial use.

08 October 2019

Egypt registry delays trademark fee increase, Slayer brand, and Joker licence controversy: news digest

In our latest round-up, we look at CPA Global unveiling the latest version of its IP system, food brands being targeted by hackers, Metallica celebrating a trademark dispute win, and much more.

08 October 2019

Associations call for WeChat inclusion on USTR’s Notorious Markets List

Brand and IP associations have used the comment period for the next USTR Notorious Markets List to call for the inclusion of WeChat. It comes at a time of heightened tension between the US government and Chinese tech companies.

07 October 2019

General Court confirms lack of likelihood of confusion between MEDIWELL and WELL AND WELL

The EU General Court has upheld a decision of the EUIPO finding that there was no likelihood of confusion between IRF’s figurative mark MEDIWELL and earlier WELL AND WELL marks belonging to Pharmadom.

07 October 2019

Five counterfeit hotspots in Ecuador that you should be aware of

In a continuation of our regular series on marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Ecuador.

07 October 2019

Lithuanian courts examine legal relationship between trademarks and corporate names

In civil proceedings brought by the owner of the mark VILKO TAKAS against UAB KF/SIK Vilko takas, the Lithuanian courts have considered the legal relationship between trademarks and corporate names, as well as the legal protection for domain names. 

06 October 2019

TGI Fridays exclusive; new Amazon IP initiative; inside the McDonald’s brand portfolio; counterfeiting hotspots; 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.