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30 January 2019

McDonald's BIG MAC trademark cancelled due to non-use in David versus Goliath dispute

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.

29 January 2019

Litigation procedures and strategies: United Kingdom

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.

29 January 2019

Draft Amendments to Trademarks Act and Principles of Legal Regulation of Industrial Property Act: key points highlighted

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. 

28 January 2019

Litigation procedures and strategies: Greece

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.

28 January 2019

Litigation procedures and strategies: Norway

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.

28 January 2019

IPEC considers application to stay RCD proceedings pending outcome of German proceedings

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.

25 January 2019

Litigation procedures and strategies: France

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.

25 January 2019

Litigation procedures and strategies: Germany

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. 

24 January 2019

Criminal sentence handed down for possession of handbags infringing Robin Ruth Group’s design

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.  

24 January 2019

“Render onto Supreme the things that are Supreme’s”: notoriety of SUPREME benefits its owner

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.

23 January 2019

General Court finds proper reasons for non-use and saves C=COMMODORE registration

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.

15 January 2019

Supermac’s trademark victory over McDonald’s is a “warning” to major brands

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.

14 January 2019

Mediation now mandatory for monetary-related IP disputes

Mediation is now mandatory in Turkey for actions relating to commercial receivables, which cover certain types of IP disputes. 

11 January 2019

MysteryBrand denies selling fakes, T-ara dispute concludes, and Slovakia IPO ditches fax: news digest

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.

11 January 2019

Preliminary injunctions granted against Blablatel Mobile for parallel imports

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.