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24 July 2018

Dispute between Dunlop and Goodyear highlights importance of maintaining control over use of marks

In Dunlop v Goodyear, the Federal Court of Australia has considered a dispute over the use and registration of the mark DUNLOP and the 'flying D' device mark.

23 July 2018

Draft regulations on corporate names issued for public consultation: key points highlighted

China’s General Administration for Market Regulation has issued a set of draft regulations on the registration of company names for public consultation. This update highlights several noteworthy features of the draft regulations.

20 July 2018

Coca-Cola victory as Federal Court refuses to register colour green for energy drinks

In opposition proceedings between Coca-Cola and Frucor, the Federal Court of Australia has confirmed that Frucor could not register a particular shade of the colour green as a mark for energy drinks.

19 July 2018

Well-known marks: multijurisdictional approaches to fame in Asia

Different approaches must be used to secure protection for well-known marks in different countries. This article considers the best route in key Asian jurisdictions.

16 July 2018

Full Federal Court considers nature of appellate review in cases involving evaluative assessments

In Aldi Foods v Moroccanoil, the Full Federal Court of Australia has considered the approach that should be adopted when it is called upon to consider mixed questions of fact and law.

10 July 2018

A380 decision: Supreme Court clarifies distinctiveness threshold for plain character marks

The Thai Supreme Court has held that Airbus SAS’s mark A380 is distinctive under the Trademark Act, finding that the letter ‘A’ stands for ‘Airbus’.

06 July 2018

Tencent v Monster Energy decision: partial oppositions unlikely to be allowed

The decision of the Intellectual Property Office of Singapore in Tencent v Monster Energy sheds some light on whether partial oppositions are allowed under the Trademarks Act.

05 July 2018

Federer logo clash with Nike highlights contractual pitfalls for sports stars

This week the Wimbledon tennis tournament got underway, with media reports noting how reigning champion Roger Federer “stunned onlookers by turning out on Centre Court in Uniqlo gear”. The focus then turned to the absence of his often-used RF logo, which is caught up in an ownership wrangle.

03 July 2018

Victory for Dior as Supreme People's Court overturns previous decisions on 3D mark for shape of J’adore perfume bottle

The Supreme People’s Court of China has overturned decisions finding that the shape of Dior’s J’adore perfume bottle lacked inherent distinctiveness and that Dior had failed to prove that the mark had acquired distinctiveness through use.

02 July 2018

INTA “extremely disappointed” with WTO plain packaging ruling, considering next steps

In a landmark ruling, the World Trade Organisation has upheld Australia’s tobacco plain packaging regime as being consistent with its trade obligations. The response has been mixed, with INTA voicing its disappointment and confirmed it is regrouping on the issue.

29 June 2018

Positive ‘Swissness’ results, IACC and EURid partner up, and the first family of counterfeit hunting: news round-up

We look at a new law in China that could boost the fight against fakes, a comedian seeking over $100 million in infringement damages, a leaked email revealing “efforts to trademark Clean Meat”, and much more.

26 June 2018

New Law on Competition: the likely impact for brand owners

Brand owners should take note of the changes introduced by Vietnam’s new Law on Competition, which is due to enter into force on 1 July 2019.

25 June 2018

Franchise founders criminally indicted for failure to transfer trademarks to franchises

Following a lengthy investigation, the Seoul District Prosecutors’ Office has issued criminal felony indictments against the individual founders of several Korean franchise businesses, charging them with breaches of trust.

22 June 2018

Good news for IP rights owners: Indonesia in final stage of setting up IP border protection system

Following the government regulation for the control of import and export of goods entering into force last year, the Ministry of Finance has finally set out the procedures for customs recordal and seizures.

22 June 2018

GOGET owner stops use of 'Go Get Cabs' in Federal Circuit Court

Australia’s Federal Circuit Court has found that the respondent’s use of the Go Get Cabs name for taxi services amounted to misleading and deceptive conduct.