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01 September 2016

Is unofficial advertising around sports events playing by the rules?

The international rules on ambush marketing and promotional activities surrounding sports events present a complex maze for counsel to navigate

10 September 2018

Where did it all go wrong in the WTO plain packaging dispute?

The World Trade Organisation’s panel report in the cases brought against Australia’s plain packaging regime is difficult reading – and some of its key arguments are without merit.

04 April 2018

Massive British American Tobacco deal sets new record and demonstrates the potent power of brands

British American Tobacco's acquisition of Reynolds American is the highest ever recorded brand acquisition, and highlights the critical commercial importance of the work undertaken by trademark practitioners.

09 May 2018

No trademark use? Shipment of Apple iPhone screens with obscured logos found not infringing

A Norwegian court has issued a surprising decision regarding what constitutes ‘trademark use’ in a case involving a shipment of Apple iPhone screens that had their trademarks temporarily covered.

15 February 2018

Slight change in defendant's registered mark found to infringe claimant's mark; court awards Rmb3 million in damages

A Chinese court has found that the registered trademark 了M, as used by its owner, did not constitute "standard use" of the registered trademark and infringed 3M Company’s registered trademark 3M.

02 January 2018

Court of Appeal finds modified mark likely to cause confusion

The Federal Court of Appeal has found a likelihood of confusion between the partly faded trademarks of two direct competitors in the Canadian luggage and bag marketplace, Wenger and Travelway.

10 January 2018

Non-distinctive trademark does not make the cut

The Federal Court has dismissed an application for trademark infringement, passing off and unfair competition on the basis that there was no likelihood of confusion between the inherently non-distinctive marks EXCHANGE-A-BLADE and TRADE-A-BLADE.

13 November 2017

Be careful not to fall outside the scope of the UDRP

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), a panel from the World Intellectual Property Organisation (WIPO) Arbitration and Mediation Centre denied the transfer of a domain name. It found that the case did not fall within the scope of the UDRP as the complainant failed to provide sufficient evidence for the panel to assess whether the domain name had been registered and used in bad faith.

07 November 2017

EU General Court refuses registration of KLOSTERSTOFF

In Alpirsbacher Klosterbräu Glauner GmbH & Co KG v EU Intellectual Property Office (EUIPO) the EU General Court dismissed an appeal against the EUIPO’s refusal on absolute grounds to register the word mark KLOSTERSTOFF. The court agreed that the application was merely descriptive and that it would be misleading to register the mark for “non-alcoholic beverages, in particular non-alcoholic beer”.