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13 June 2003

Competitor banned from using BellSouth's marks and name unfairly

A federal judge has issued a preliminary injunction against Access Integrated Networks (AIN) for unfairly using the BELLSOUTH marks and name, and telling potential customers that it provides BellSouth services. The injunction also bars AIN from offering for sale any goods or services that company sales personnel falsely identified as BellSouth products.

13 June 2003

Durferrit fails to protect TUFFTRIDE mark

In Durferrit GmbH v Office for Harmonization in the Internal Market, the European Court of First Instance has upheld the decision of the OHIM First Board of Appeal to reject Durferrit's opposition to the registration of Kolene Corporation's mark NU-TRIDE based on Durferrit's previously registered mark TUFFTRIDE.

12 June 2003

Grey-goods importer must disclose name of exporter

In Boehringer Ingelheim Pharma KG v GTO Expeditie BV, the Civil Court of The Hague has ordered the defendant, a Dutch importer of grey-market goods, to disclose to the plaintiff the name of the East European exporter of the goods. The court noted that the plaintiff's trademark rights had been violated and the order was necessary to find the source of the infringement.

12 June 2003

Landmark fraud case goes to Medinol

The Trademark Trial and Appeal Board has issued a precedent-setting decision on the issue of fraud in a trademark cancellation action: the test for fraud includes what a party "should have known" about the facts stated in an application, not merely what the party did know or intended to do.

11 June 2003

New rules govern appeals in intellectual property proceedings

The Civil Procedure (Amendment 2) Rules have come into force. The rules introduce into the Civil Procedure Rules 1998 a new Part 63 - entitled "Patents and other Intellectual Property Claims" - which sets out new time limits for appeal periods and for extensions of time for appeal applications.

11 June 2003

Travelex loses fight over euro symbol

In Travelex Global and Financial Services Ltd v European Commission, the European Court of First Instance has rejected the plaintiff's €25.5 million claim for damages over trademark rights in the euro currency symbol. The court reasoned that the defendant did not use the symbol in the course of trade and therefore did not infringe the plaintiff's rights.

10 June 2003

LaFace takes the bus back to district court in Rosa Parks Case

In Parks v LaFace Records, the Sixth Circuit has reversed and remanded a district court decision to grant the defendant summary judgment. The lower court will have to decide whether the use of Rosa Parks's name in a song title is protected as free speech under the First Amendment and does not, therefore, constitute trademark infringement.

09 June 2003

Supreme Court settles stirred-up CAPPUCCINO dispute

The Supreme Court has annulled the Metropolitan Court's controversial decision to cancel the CAPPUCCINO trademark. In a landmark case involving trademark rights, moral rights and copyrights, as well as unfair competition, the Supreme Court clarified the relative grounds for cancelling a trademark other than the existence of prior trademark rights.

06 June 2003

Arsenal win on the replay

The Court of Appeal has reversed a High Court decision, ruling unanimously in favour of Arsenal Football Club in the latest development in a lengthy battle between the club and an unofficial merchandise trader, Matthew Reed. The ruling represents welcome news to brand owners and is a landmark decision on the scope of the UK trademark infringement provisions.

05 June 2003

Former Ford dealers may use FORD mark

The Court of Appeals for the Federal District has held in a majority opinion that the Brazilian Association of Former Ford Distributors is not infringing Ford Motor Company's trademark rights in FORD because the association's name is used for non-commercial purposes.

04 June 2003

Consumer Protection Board takes landmark action in Alko Case

Estonia's Consumer Protection Board has taken the unusual step of taking action in a trademark dispute, deciding to fine local company Amintor OÜ Ekr1,000 for violating the Estonian Advertising Act and infringing the trademark rights of Alko Inc, a Finnish company.

02 June 2003

Intel protects slogan, mark and logo in Delhi High Court

The Delhi High Court has issued a permanent injunction restraining the defendant, Luminous Electronics, from using the trademark COMPUTER INSIDE and a swirl-shaped logo similar to that of the plaintiff - Intel. The injunction was issued following an agreement between the parties that Luminous Electronics would stop using the mark if Intel gave up its claim for damages.

02 June 2003

No stopping use of BOSTON MARKET before trial

In Boston Pizza International Inc v Boston Market Corporation, the Federal Court of Canada has refused to grant an interlocutory injunction against the defendant so as to prevent its pre-trial use of the mark BOSTON MARKET in association with restaurant services and the sale of prepared foods.

30 May 2003

Louis Vuitton bags economic and moral damages award

In Louis Vuitton Distribuição Ltda v Caliente Comércio de Modas, a panel of the Superior Court of Justice has ordered the defendant, a vendor of counterfeit LOUIS VUITTON merchandise, to pay the plaintiff both economic and moral damages - the total amount to be determined by the lower court.

29 May 2003

Trademark rights do not extend to post-domain URLs

In Interactive Products Corporation v a2z Mobile Office Solutions, the Sixth Circuit Court of Appeals has ruled that post-domain paths do not typically signify source and therefore denied the plaintiff's trademark infringement claim, finding that "it is unlikely that the presence of another's trademark in the post-domain path of a URL would ever violate trademark law".