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07 April 2003

Tea company ordered to drop 'Yahoo' name

In Yahoo! Inc v Agarwal, the Delhi High Court has granted Yahoo! an interim injunction preventing Sarda Trading Company from marketing, distributing or selling tea under the brand name 'Yahoo'. Yahoo!'s suit for a permanent injunction on the grounds of passing off and dilution will be heard in the near future.

04 April 2003

KERRY SPRING registration steams through

In Gerolsteiner Brunnen GmbH & Co v Kerry Group plc, the Board of Appeal for the Office for Harmonization in the Internal Market has upheld a decision to allow the registration of KERRY SPRING. The board held that it was unlikely that consumers would confuse the trademark with Gerolsteiner Brunnen's GERRI mark.

04 April 2003

Trademarks Ordinance implemented after three-year delay

The Trademarks Ordinance has been implemented today after a series of technical set-backs. The last hurdle was removed when the government amended Rule 13 of the Trademarks Rules implementing the ordinance. The rule's original draft, limiting the time to satisfy the registrar that a mark meets the registration requirements, was considered too rigid.

02 April 2003

Johnson & Johnson wins exclusive use of VELBAND

US company Johnson & Johnson has won a fight with the Iranian Trademark Office to register the mark VELBAND and, in the process, was able to obtain the cancellation of the same mark which had already been registered by local company Bandhaye Pezashki.

02 April 2003

Definition of 'use' expanded to cover market testing

In ConAgra Foods Inc v Fetherstonaugh & Co, the Federal Court has reversed the trademark registrar's decision to cancel for non-use ConAgra's KID CUISINE mark. The court ruled that ConAgra's transfer of marked sample goods to be used for market testing constituted 'use' for the purposes of the Canadian Trademarks Act.

01 April 2003

CAT owner wins landmark trade dress case

In a landmark ruling in Calipso Bay Arrendamento de Marcas Ltda v VIPI Modas Ltda, the Court of Appeals of the State of Goiás has confirmed a lower court's decision that the defendant's use of the plaintiff's trade dress constitutes 'unfair competition' as defined and prohibited by the Industrial Property Law.

01 April 2003

Eli Lilly successfully opposes eight registrations on appeal

In Eli Lilly and Company v Salenab Nigeria Limited, the Federal High Court of Nigeria has overturned the decision of the registrar of trademarks to register eight marks that are identical or confusingly similar to marks owned by Eli Lilly. In reaching this decision, the court rejected expert testimony.

28 March 2003

WINDOWS Case proceeds to trial

The US District Court for the Western District of Washington has denied a motion for summary judgment filed by Lindows.com to dismiss Microsoft's trademark infringement action on the grounds that Microsoft's mark WINDOWS is generic. The case will proceed to trial on December 1.

26 March 2003

Ambushing the ambushers

Ahead of the Cricket World Cup, which concluded on Sunday, the South African government amended legislation to outlaw companies that associate themselves with (or even just share in the publicity of) events that they do not officially sponsor. Max Duthie of Freehills considers the South African legislation, which imposes restrictions on the use of non-sponsors' trademarks, and compares it with the position in Australia. He also suggests practical steps to be taken where no specific legislation is in place.

25 March 2003

'This is our show', entertainment company claims

A US entertainment company has brought an action against two Indian television companies for trademark and copyright infringement. The US company alleges that the Indian television series 'Jeena Isi Ka Naam Hai' is an adaptation of its well-known show 'This is Your Life'.

25 March 2003

Registration and validity are not synonymous

In Alon Fuel Company for Israel Ltd v Energy International Ltd, the District Court of Jerusalem has held that the registration of a trademark constitutes merely prima facie evidence of the mark's validity. Therefore, the registration of a trademark may be challenged.

24 March 2003

Circuits courts split on the technicalities of civil damages

In the very near future, the Mexican Supreme Court will settle an important split among the federal circuit courts. It will decide whether the civil courts may award economic damages for industrial property right infringement before the Institute of Industrial Property has issued an administrative declaration penalizing the infringer.

24 March 2003

Commission gets tough on counterfeiting and piracy

The European Commission has published its proposed Council Regulation setting out new rules for customs action against counterfeit and pirated goods. The new legislation will give more power to customs authorities and simplify the procedure to have counterfeits destroyed.

20 March 2003

Parallel importation of Leo Pharma brands illegal, rules court

In Løvens Kemiske Fabrik v Orifarm A/S, the Danish Supreme Court has ruled that the defendant's parallel importation and repackaging of the plaintiff's pharmaceutical products was illegal. The decision further limits the extent to which parties can repackage or re-brand parallel-imported goods for resale in Denmark.

20 March 2003

'Original label' aims to protect CDs from pirates and counterfeiters

The Trade Descriptions (Original Label) Order 2002 has come into force. It requires that original copyrighted and trademarked products bear an 'original' label and aims to protect the makers of compact disks, video cassettes and similar goods from pirates and counterfeiters.