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29 July 2019

DON LUCIANO v LUCIANO SANDRONE: General Court considers conceptual comparison of signs containing personal names

In Luciano Sandrone v EUIPO, the EU General Court has considered the conceptual comparison between signs containing a surname or first name and recognised that the case law is unsettled on this point.

26 July 2019

ZARA horror! UKIPO finds no likelihood of confusion between ZARA and ZOHARA

In a surprising decision, the UK Intellectual Property Office has held that there is no likelihood of confusion between the marks ZARA and ZOHARA, despite considering the majority of the respective goods to be identical and similar.  

25 July 2019

CJEU confirms lack of likelihood of confusion between marks designating identical and similar goods and services

The Court of Justice of the European Union has confirmed that there was no likelihood of confusion between a figurative sign including the element ‘Fl’ and a heart symbol and the earlier figurative mark FLY.DE for identical and similar goods and services.

24 July 2019

Victory for Red Bull as trademark office refuses application for blue and grey colour mark

The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office has found that a colour combination mark for goods in Class 32 was confusingly similar to Red Bull’s colour and device marks.

24 July 2019

UKIPO success for THE X FACTOR against THE PETS FACTOR

The UK Intellectual Property Office has rejected an application to register THE PETS FACTOR for a variety of goods and services, including the production of TV shows, following opposition by the owners of earlier THE X FACTOR marks.

23 July 2019

General Court confirms lack of likelihood of confusion between IOS FINANCE and EOS

The EU General Court has confirmed that there was no likelihood of confusion between the figurative mark IOS FINANCE for financial services and the earlier figurative mark EOS for debt collection services.

23 July 2019

Supreme Court recognises Modelo’s right to register and use CONTINENTE mark

In a case involving multinational retailer Carrefour, the Spanish Supreme Court has confirmed that under no circumstances can a trademark that is no longer used on the market seek protection.

19 July 2019

“Juul be sorry”: failure to assign domain name results in contempt of court

The decision of the High Court of England and Wales in Juul Labs Inc v Quickjuul Ltd provides a rare example of a civil court imposing penal sanctions for contempt of court.

19 July 2019

Amending the Lanham Act, protecting Lamborghini in Brazil, and "a factory of ideas": news digest 

In our latest edition, we look at Michael Kors launching a digital store on Alibaba’s Tmall, INTA's call for the Lanham Act to be amended, an illicit trade report from TRACEIT, China’s IP transformation, and much more.

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. 

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.