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27 November 2018

Leicester City scores win against Leeds in trademark dispute, but misfires in bad faith claim

Recent English Premier League champions Leicester City FC has been successful in a trademark opposition against lower league Leeds City FC.

21 November 2018

Court of Appeal provides guidance on targeting and unfair advantage in appeal by Argos Ltd

In Argos Ltd v Argos Systems Inc, the Court of Appeal of England and Wales has appeared to take a broad view of when a website targets the United Kingdom. However, this was tempered somewhat by the court's findings in respect of unfair advantage.

20 November 2018

Blow for Bayer as it fails to prevent registration of SALOSPIR

In a blow to German pharmaceutical giant Bayer, the EU General Court has confirmed that the figurative mark SALOSPIR in Class 5 was not similar to Bayer's earlier ASPIRIN marks.

20 November 2018

Russian president on fakes, Google trademark win, and tale of the counterfeit-catching brothers: news round-up

In our latest round-up, we look at Pakistan stepping up its fight against fakes, the Finnish IP office reminding users about an impending trademark change, IP Australia seeking user input, and much more.

16 November 2018

Cheesy CJEU decision, Black Friday counterfeit risk and Elon Musk in stand-off with Tequila Regulatory Council: news round-up

In our latest round-up, we look at Elon Musk's attempts to secure Tequila-related brand rights, the CJEU's decision that the taste of food cannot be protected by copyright, and the heightened risks of buying counterfeits on Black Friday.

15 November 2018

“No clarity on continued rights of representation”: trademark experts have their say on the draft Brexit withdrawal text

While uncertainty over the future of the agreed Brexit withdrawal text remains, the 585-page document provides crucial insight into the planned treatment of intellectual property – including rights of representation, exhaustion and the cost-free cloning of rights.

15 November 2018

General Court: black-and-white registration certificate does not satisfy requirements for representation of earlier figurative mark <strong>  </strong>

In opposition proceedings between Aldi Einkauf and Aldo Supermarkets, the EU General Court has held that submitting a copy of a national registration certificate in black and white did not satisfy the conditions governing the representation of the earlier mark.

15 November 2018

Leading hotel management company prevails in opposition proceedings against CAFE FOUR SEASONS

Four Seasons Hotels (Barbados) Ltd has been successful in opposition proceedings against the Lithuanian figurative trademark CAFE FOUR SEASONS for food and drink services in Class 43.

14 November 2018

Should government act as defendant when private party appeals decision to cancel mark?

According to a proposal made by Norway’s Department of Justice in the context of the implementation of Directive 2017/2436, the government would no longer act as the counterparty when a decision to cancel a trademark is appealed to the district court.

14 November 2018

General Court: disclosure of earlier design cannot be proved by means of probabilities or suppositions

The decision of the EU General Court in Mamas and Papas Ltd v EUIPO, which concerned a registered Community design representing a cot bumper, shows that the parties should present their best evidence in proceedings not only before the court, but also before the EUIPO.

13 November 2018

Victory for Volvo as Patent and Market Court takes a stance on bad-faith applications

A recent case involving the registration by Green Stapler of the name of Volvo's "Made by Sweden" campaign shows how the Swedish Patent and Market Court will assess whether an applicant has acted in bad faith.

09 November 2018

Sweden to modernise trademark rules, new USPTO deputy director, and Benelux fee changes: news round-up

In our latest round-up, we look at a study showing the scale of illicit alcohol, a Counterfeit Mini ad being lauded, luxury brands' increasing use of sound design in their products, and much more.

09 November 2018

Rights holders beware: criminal raid action deemed to be act of unfair competition

In a ground-breaking decision, the Turkish Court of Appeals has held that a criminal raid action constituted an act of unfair competition and that the complainant should pay compensation to the defendant for damages incurred due to the raid.

09 November 2018

Important changes to Trademarks Act and Rules due January 2019 – what you need to know

The UK Trademarks Act and Rules are due to change following the implementation by the UK Intellectual Property Office of Directive 2015/2436. This update highlights the various changes due to come into effect in January 2019.

07 November 2018

Compulsory conundrum: debate surrounds mandatory mediation for IP disputes

The introduction of mandatory mediation in Greece has faced criticism which eventually led to its suspension; a move that has left question marks over whether wider adoption of such a model is viable.