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21 February 2019

“We refer to this case as a hydra”: inside Harvard’s battle to protect its brand in Turkey 

Last month a Turkish court ruled in favour of Harvard University in a case centred on the unauthorised licensing of the Harvard name. The legal team behind the case speak to WTR and offer takeaways for trademark professionals.

21 February 2019

Why every trademark lawyer should spend time in-house: exclusive interview with Bacardi’s Anna Panka

While legal know-how is critical for law firm practitioners, an understanding of the corporate business environment should not be underestimated. That is the message conveyed by Anna Panka, senior counsel at Bacardi, in an exclusive interview with WTR.

20 February 2019

SWEMAC case confirms that acquiescence provisions will be applied strictly

The decision of the EU General Court in Swemac Innovation AB v EUIPO highlights that the court will not admit new evidence on appeal and that it will strictly apply the acquiescence provisions under Article 54(2) of Regulation 207/2009.

19 February 2019

RAID case: IPEC considers law relating to "use in the course of trade"

In APT Training & Consultancy Ltd v Birmingham & Solihull Mental Health NHS Trust, the Intellectual Property Enterprise Court has provided a useful reminder of the UK law relating to "use in the course of trade".

18 February 2019

Is Sweden aligning itself with EU approach to black-and-white trademarks?

Sweden is one of the few European countries where a black-and-white mark is regarded as covering all colours. However, in a recent case involving two figurative marks, the Patent and Market Court has held that the scope of protection of the earlier mark was limited to its black-and-white representation.

18 February 2019

Community design for spray paint gun upheld as invalid by General Court

In Sata GmbH & Co KG v EUIPO, the EU General Court has upheld a decision of the Third Board of Appeal of the EUIPO finding that a design representing a paint spray gun lacked individual character with regard to an earlier design.

15 February 2019

CJEU confirms likelihood of confusion between LUBELSKA and LUBECA

The Court of Justice of the European Union has dismissed an appeal brought by the Republic of Poland in opposition proceedings concerning the figurative sign LUBELSKA and the earlier German word mark LUBECA.

13 February 2019

Word mark and sign constituting its acronym judged to be confusingly similar

In a dispute involving the licensing of a famous Italian trademark in the field of strategic business consulting, AMBROSETTI, the Court of Milan has addressed a number of issues relating to distinctiveness.

12 February 2019

CJEU provides further clarification on genuine use of trademarks

In Pandalis v EUIPO, the Court of Justice of the European Union has upheld a decision of the General Court finding that the trademark CYSTUS had not been put to genuine use for “food supplements not for medical purposes”.

11 February 2019

New domain name dispute resolution policy to be launched - what you need to know

In a welcome development for trademark owners, a new policy for the resolution of domain name disputes under the ‘.ua’ TLD will be launched on 19 March 2019.  

08 February 2019

Appellate court confirms that national exhaustion of rights applies in Kosovo

The Kosovo Court of Appeals has confirmed that trademark owners have the right to prevent the unauthorised import and sale of goods bearing their trademarks, regardless of the goods’ authenticity.

08 February 2019

Irish Whiskey GI protection, no-deal Brexit anti-counterfeiting “travesty”, and Alibaba and eBay on fakes: news digest

In our latest round-up, we look at Brainbase raising money to bolster its licensing platform, the discovery of fake leukaemia drugs, the EUIPO turning to blockchain to fight counterfeiting, and much more.

07 February 2019

“The world is becoming an IP believer” – UK tops US Chamber of Commerce global trademark ranking

In a newly-released report, the US Chamber of Commerce has ranked the United States as having the best overall IP protection of 50 leading economies, with the United Kingdom topping the trademark ranking.

06 February 2019

General Court: appeals against reasons included in decision for sake of completeness are ineffective

The judgment of the EU General Court in Ilhan v EUIPO shows that a plea levelled at reasons which are included in a decision for the sake of completeness cannot result in the annulment of that decision.

04 February 2019

'Warrior' from <em>Gladiator</em> found to have infringed WARRIOR trademark

The Intellectual Property Enterprise Court in London has found that Daniel Singh, ‘Warrior’ from the TV series Gladiator, infringed KBF Enterprises’ WARRIOR trademark for food supplements.