Irish fast-food chain Supermac’s has successfully cancelled the McDonald’s BIG MAC mark. The case, which arose after McDonald’s opposed Supermac’s own mark, highlights the need for even the largest of companies to diligently file good-quality evidence of genuine use.
All parties conducting civil litigation in the United Kingdom should follow the Civil Procedure Rules, which set out how cases should be conducted before and after proceedings have been issued.
The Estonian IP landscape is set to undergo major changes this year, as the draft Amendments to the Trademarks Act and Principles of Legal Regulation of Industrial Property Act are currently before Parliament for their first reading.
A bifurcated system exists in Greece. The Trademark Office and the administrative courts are exclusively competent for all matters related to the existence and cancellation of marks, including oppositions and invalidity actions.
While the bar is set quite high for evidencing use-acquired trademark rights, owners of unregistered trademark rights are afforded the same courses of action as proprietors holding registration certificates from the NIPO.
A recent decision of the Intellectual Property Enterprise Court in London provides useful guidance for manufacturers whose distributors have been sued and who want to redress the situation by seeking declaratory relief.
In France, arbitration is available for most trademark litigation. However, arbitration for the validity of a trademark remains uncertain as it may be considered a public policy matter, and there is no case law on this point.
Alternative dispute resolution methods exist; however, they play only a minor role in Germany. One reason is Germany’s efficient court system, which allows for settling trademark conflicts quickly and at reasonable costs.
In a case involving a Community design owned by the Robin Ruth Group, a Spanish trial court has sentenced the defendant for committing a crime against intellectual property under Article 273.3 of the Criminal Code.
In Chapter 4 Corp d/b/a Supreme v Cheikh, the High Court of Nanterre in France has ruled in favour of US company Chapter 4, the owner of the well-known mark SUPREME for clothing.
In a rare decision, the EU General Court has found that C=Holdings BV, the owner of the mark C=COMMODORE, had proper reasons for non-use of the mark.
In a landmark judgment, Irish fast food chain Supermac’s has prevailed in a dispute with McDonald’s over the use of the BIG MAC trademark.
Mediation is now mandatory in Turkey for actions relating to commercial receivables, which cover certain types of IP disputes.
In our latest news digest, we look at the USPTO hiring a deputy general counsel, how domain name management is “just as important” as brand protection, the Paraguay IPO pledging more counterfeit enforcement in 2019, and much more.
In a dispute between two mobile phone companies, the EU Trademark Court Number 1 of Alicante has confirmed that importing goods that were originally intended to be marketed outside the European Economic Area without the trademark owner's consent constitutes infringement.