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03 April 2019

 “You can’t sleep or you will fall behind”: exclusive look inside Alibaba’s fight against fakes

We sit down with Alibaba Group’s vice president and head of global intellectual property enforcement, Matthew Bassiur, to discuss Alibaba’s anti-counterfeiting activities and how it changed industry perception of its enforcement efforts.

02 April 2019

Cornish Pasty ranked most well-known UK GI product, as associations warn of Brexit risk

A new study has identified the most well-known geographical indication (GI) products in the United Kingdom, with GI association experts concurrently warning of the risks that Brexit poses.

01 April 2019

General Court emphasises functionality in establishing a “close connection” and similarity

In Xiaomi Inc v EUIPO, Chinese electronics company Xiaomi has claimed a partial win in front of the EU General Court in a case relating to a conflict between two identical figurative trademarks.

01 April 2019

Trump defeats Gleissner in trademark case; UKIPO warns activity risks bringing entire system into disrepute

A trademark for the term TRUMP TV, owned by “infamous trademark troll” Michael Gleissner, has been rejected. As part of the case, the comptroller general of the UK registry decried Gleissner’s “gaming” of the trademark system.

29 March 2019

Change.org responds to The Independent Group new name, IPOS GI registry, and delays at IP Australia: news digest

In our latest round-up, we look at consumers being frustrated by “disjointed” brand experiences, an Oregon-based clothing retailer in a trademark fight against Under Armour, brands in an age of political division, and much more.

29 March 2019

CJEU: decorative motifs are eligible for trademark registration

In Textilis Ltd v Svenskt Tenn AB, which involved a trademark consisting of two-dimensional decorative motifs, the Court of Justice of the European Union has issued a preliminary ruling on the interpretation of Article 7(1)(e)(iii) of Regulation 207/2009.

28 March 2019

High Court revokes Easygroup’s EASYOFFICE marks for non-use

In a blow to Easygroup, the High Court of England and Wales has upheld the decision of a UKIPO hearing officer revoking two EASYOFFICE marks for non-use.

27 March 2019

General Court rules on genuine use of figurative trademark MEBLO

In Meblo Trade doo v EUIPO, the EU General Court has confirmed that the owner of the mark MEBLO had proved genuine use of the mark for certain goods and services in Classes 20 and 35.

26 March 2019

CJEU upholds cancellation of Community design based on figurative Tic Tac container mark

In BMB sp z oo v EUIPO, the Court of Justice of the European Union has assessed the likelihood of confusion between a registered Community design and an earlier figurative mark for an empty container of Tic Tac sweets bellowing to Ferrero SpA.

25 March 2019

Polo logo appeal dismissed: the importance of evidence of use and registrations

The EUIPO Board of Appeal has decided that a declaration of invalidity filed by Style & Taste against Polo/Lauren’s polo logo did not contain sufficient evidence to support the claim.

22 March 2019

General Court upholds rejection of STREAMS trademark application

In DeepMind Technologies Ltd v EUIPO, the EU General Court has confirmed that the mark STREAMS was descriptive of goods and services in Classes 9 and 42 and should be refused under Article 7(1)(c) of EU Regulation 207/2009. 

21 March 2019

European Union to accede to Geneva Act; Brexit uncertainty means United Kingdom poised to become GI battleground

The European Parliament's Legal Affairs Committee has endorsed the European Union acceding to the Geneva Act – a move that could propel the issue of geographical indications back to the top of the trade deal agenda as the United Kingdom looks to its post-Brexit future.  

20 March 2019

Patent Office rejects WHEN IN ICELAND opposition

A recent Icelandic Patent Office decision serves as a useful reminder that the evaluation of similarity as set out in the Trademarks Act should always involve a nuanced comparison of the marks.

19 March 2019

‘Funtime’ is over for Trespass

The Intellectual Property Enterprise Court has held that Luen Fat Metal & Plastic Manufactory Co Limited’s UK and EU trademarks for a series of word marks (FUNTIME, FUN TIME and FUN-TIME) are valid and have been infringed.

14 March 2019

CJEU considers trademarks with common element 'so' and finds likelihood of confusion

When is a single common element sufficient to create a likelihood of confusion? A decision of the Court of Justice of the European Union in a case involving the mark SO’BIO ĒTIC and earlier SO…? marks illustrates the difficulties in answering that question.