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18 July 2019

Post-verdict motion for increased damages ends on a sour note

In Barrington Music Products Inc v Music & Arts Center, the US Court of Appeals for the Seventh Circuit has held that the mark owner was not entitled to an increased damages award after discovering that two of the defendants were not separate companies.

18 July 2019

“An enormous opportunity” – IP provisions of EU-Mercosur Agreement lauded

The European Union and the Mercosur bloc of countries have agreed a comprehensive trade agreement that includes significant IP provisions that rights holders should be aware of. 

17 July 2019

Crunch time for Kellogg’s Nutri-Grain cereal

Multinational food and drink giant Nestlé has successfully opposed the registration in New Zealand for the 3D shape of Kellogg’s Nutri-Grain cereal.

17 July 2019

China’s economic growth is slowing but expect a renewed focus on brand creation

In our latest opinion column, we consider what impact China’s economic growth slowdown may have on ‘Made in China 2025’ and ‘Belt and Road’ – and, by extension, rights owners.

17 July 2019

Five counterfeit hotspots you should be aware of in the Dominican Republic

In a new regular series, we highlight marketplaces across the world that reportedly engage in the trade of counterfeit goods. This week, we focus on hotspots in the Dominican Republic.

16 July 2019

Criminal sentence imposed for commercialisation of infringing souvenirs

The Criminal Court No 15 of Valencia has sentenced the managers of a company in the souvenir industry for committing a crime against IP rights under with Article 273 of the Criminal Code.

16 July 2019

Yosemite settles, UKIPO needs your help, and Huawei seeks harmony: news digest

In our latest edition, we look at a reminder of the medical risks of counterfeits in Hong Kong, a car air freshener brand taking Ryanair to court, Monaco now using the TMclass list, applications up in Bhutan, and much more.

16 July 2019

Court of Appeal partially overturns High Court in advertising passing-off case

A recent decision of the Court of Appeal of England and Wales highlights that the One in a Million case does not provide a remedy against cybersquatting per se: claimants must still demonstrate goodwill or reputation in the mark contained in the domain name.

15 July 2019

General Court: iconic Gibson V-shaped guitar body invalid as 3D mark

In Gibson Brands Inc v EUIPO, the EU General Court has confirmed the partial declaration of invalidity of a three-dimensional sign representing Gibson’s iconic V-shaped electric guitar body.

12 July 2019

Trademark solicitation scams: identifying the scale of the issue

In a major upcoming investigation, WTR will look at the scourge of trademark solicitation scams. Today we ask readers to share their experience of spurious trademark invoices.

12 July 2019

IP Australia launches visual search, most boycotted brands, and CNIPA reveals trademark data: news digest

In our latest round-up, we look at Colgate making an offer for Filgora’s skincare business, Tencent questioning the existence of singular or plural TLDs, Kylie Minogue commenting on that trademark dispute with Kylie Jenner, and much more.

12 July 2019

FWD VIEW mark sent back to hearing officer

A recent decision of the appointed person serves as a reminder that, while there is a desire for procedural economy in trademark proceedings, taking such measures, if not done correctly, can cause significant delays.  

11 July 2019

US trademark litigation levels on course to hit four-year high

The latest data from Lex Machina reveals that 2,289 trademark litigation actions were filed in the United States in the first half of 2019, up 12% year-on-year. If current trends continue, it will represent a four-year high.

11 July 2019

BRIONI case: qualitative circumstances must be considered to determine whether registration was acquired by “other illegitimate means” under Article 44.1

In a case involving Italian menswear brand Brioni, China’s Trademark Review and Adjudication Board has held the determination of whether a registration has been acquired by "other illegitimate means" must be based on both qualitative and quantitative considerations.

11 July 2019

Strong internal communications, flexibility and diversity make for a winning team at MetLife

Juggling global operations spread out among affiliates can be a daunting task but open communication, company-wide interaction and knowledge sharing allows these trademark professionals to manage an impactful and efficient portfolio.