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21 May 2019

Smooth victory for Bega in peanut butter trade dress case against Kraft

A dispute between Bega Cheese and Kraft Foods in Australia has been resolved with the Federal Court awarding Bega the exclusive rights to use a distinctive yellow, red and blue packaging to market its peanut butter. 

20 May 2019

Licensor prevails in dispute over use of brand name post-termination

A recent case in India has addressed the question of whether a licensee can claim rights in a licensed mark when faced with the termination of the licence agreement.

20 May 2019

Brand protection on TikTok: what rights holders need to know about the fast-growing social media platform

Chinese social network TikTok is growing rapidly, with over 1 billion downloads in the past 12 months. For rights holders, it is a platform that needs to be on the radar, with research from WTR finding issues that brand owners should be aware of.

20 May 2019

Federal Circuit: trademark decisions rendered by International Trade Commission do not have preclusive effect

In Swagway LLC v International Trade Commission, the US Court of Appeals for the Federal Circuit has held that trademark decisions of the International Trade Commission, like its patent decisions, do not have preclusive effect.

19 May 2019

What brands need to know about the trademark activity of Michael Gleissner

WTR has reported extensively on the massive trademark filing operation of multimillionaire businessman Michael Gleissner. For those not fully aware of this activity, we have put together an infographic that illustrates the potential impact for brands.

17 May 2019

INTA Annual Meeting is a record-breaker, Brexit energy drink denied, and Florida Man trademark spat: news digest

In our latest round-up, we look at a new study that finds 25% of online purchases are for fakes, the EU General Court ruling on a NEYMAR mark, counterfeit containers seized in Malta, tips on making a brand matter, and much more.

17 May 2019

Supreme Court clarifies conditions for existence of legal interest in non-infringement action

In a dispute between wine and spirits producers Kantina and Adol, the Slovenian Supreme Court has set aside the first and second-instance decisions, which had rejected a non-infringement action filed by Kantina on formal grounds.

17 May 2019

GLENFIDDICH v GLENFIELD: battle of the label trademarks

The UK Intellectual Property Office has issued a somewhat unexpected decision in a case involving an application for the label mark GLENFIELD by an India-based drinks company owner, which was opposed by Scotch whisky distiller William Grant & Sons.

16 May 2019

General Court reaffirms that new relative grounds for refusal cannot be raised after expiry of relevant period

In Lupu v EUIPO, the EU General Court has confirmed that, within the context of opposition proceedings, relative grounds for refusal cannot be raised after the expiry of the term prescribed by law.

16 May 2019

Vested rights clause restores trademark to original applicant

In Sköld v Galderma Laboratories LP, the US Court of Appeals for the Third Circuit has addressed the issue of trademark ownership under since-terminated development and commercialisation agreements.

15 May 2019

EU Trademark Court issues another ruling on use of well-known marks to sell smell-alike perfumes

Spain’s EU Trademark Court has upheld a first-instance decision in which Equivalenza Retail SL had been sentenced for infringing various trademarks, owned by Hugo Boss, Gucci and Lacoste, among others, in the context of its smell-alike business. 

15 May 2019

Improving collaboration between rights holders and Chinese authorities – exclusive guest post

Jack Chang, special counsel to the chair of L Brands International and one of the founders of the Quality Brands Protection Committee, provides insight into working more effectively with Chinese authorities in IP crime cases.

14 May 2019

TICK DIFFERENT: Apple loses to watchmaker Swatch before Swiss court

The Swiss Federal Administrative Court has considered an opposition filed by US tech giant Apple against Swiss watchmaker Swatch’s application for the registration of the mark TICK DIFFERENT for Class 14 goods, including jewellery and watches.

14 May 2019

Procedures and strategies for anti-counterfeiting: Canada

Between 1 January 2015 and 31 December 2018 the Canada Border Services Agency (Customs) accepted 248 requests for assistance from rights holders, including 86 copyrights and 3,204 trademarks. Customs encountered 73 shipments and contacted 60 rights holders with filed requests for assistance. 

14 May 2019

Procedures and strategies for anti-counterfeiting: France

When the EU Customs Regulation does not apply, rights holders can rely on the national provisions of the French IP Code. The French Customs Code will also apply to Customs and criminal procedures.