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27 February 2018

Alibaba gone quiet? Brand owners give mixed response to marketplace giant's recent anti-counterfeiting efforts

​​​​​​​Over the first two months of the year, there has been little anti-counterfeiting messaging emanating from Alibaba. We speak to brand owners about whether there has been much under-the-radar activity. 

22 February 2018

Good news for rights holders: SON and NAFDAC enter into partnership to tackle fake and substandard products

The Standard Organisation of Nigeria and the National Agency for Food and Drugs Administration and Control have entered into a partnership to tackle and combat fake and substandard products in the country.

23 March 2018

Warning: discovery misconduct can cost more than just your case

In Klipsch v ePRO the US Court of Appeals for the Second Circuit has adopted a standard that “discovery sanctions should be commensurate with the costs unnecessarily created by the sanctionable behaviour”.

21 March 2018

Bohemia decision: Federal Court confirms approach to distinctiveness assessment where mark contains geographical term

In Bohemia Crystal v Host Corporation, the Federal Court of Australia has found that the marks BOHEMIA and BOHEMIA CRYSTAL were not distinctive as they indicated a geographical origin known for crystal glassware.

01 March 2018

US government report finds staggering ratio of fakes on major e-commerce sites: calls for agencies to step up

A new report by the US government’s Accountability Office (GAO) has found that US agencies could be doing significantly more to tackle the growing threat of counterfeit goods.

26 October 2017

Star-shape model invalid due to lack of individual character

8 seasons design GmbH filed a declaration of invalidity against Lothar Rühland’s Community registration of a light model, due to lack of individual character on the basis of its prior Community design. The EU General Court upheld the design’s invalidity, holding that the conflicting designs, dominated by a star shape, produced the same overall impression on informed users.

16 October 2017

Checked pattern held to be well-known trademark

In an unusual trademark case concerning a blue-and-white checked pattern used on bed linen, the Danish Maritime and Commercial High Court has ruled in favour of Hästens Sengar AB, which sued the Nordicform group of companies for infringement. The court held that the pattern had acquired distinctiveness through use and the relevant consumers were expected to show a high degree of attention due to the character and price of Hästens beds.