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14 December 2017

Swedish Match snuffs out ad for trademark infringement and violation of marketing act

Swedish Match has become the first party to take advantage of the opportunity to file joint proceedings under trademark and unfair competition laws at the new Patent and Market Court.

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.

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.

24 November 2017

Delhi High Court grants injunction against identical AMIR’S mark

The Delhi High Court has granted an injunction restraining the registered trademark owner from using the mark AMIR’S, including the trade dress and get-up for manufacturing, selling and exporting henna and henna-based dyes. It held that the prior owner had been using the mark since 1996 and had acquired distinctiveness; the registered owner’s use was therefore likely to cause confusion and amounted to trademark infringement.

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.

12 December 2017

No time limit to cancel trademark registrations filed in bad faith

The Tel Aviv District Court recently rejected a trademark infringement claim which had been filed by the owner of a local furniture chain against the purported use of the mark HABITAT in Israel by Habitat International.

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”.

06 November 2017

General Court upholds decision on prior non-registered national trademarks

In Moravia Consulting spol sro v EU Intellectual Property Office (EUIPO), the EU General Court confirmed three decisions of the EUIPO Second Board of Appeal in which oppositions were dismissed for lack of evidence concerning the existence, validity and scope of protection of the non-registered prior trademarks invoked.

13 September 2017

Jury awards damages and injunction for packaging infringement

Fronto King sued Five A and New Generation Imports for distributing tobacco leaf products under the mark PURE FRONTO, on the grounds of trademark infringement, false designation of origin and related state trademark claims. The jury found that the defendants had not infringed FRONTO KING, but could no longer use ‘Pure Fronto’.

08 February 2017

Indian study calls for “review” of graphic health warnings on tobacco packaging as illicit trade soars

The Federation of Indian Chambers of Commerce and Industry has called for a review of current policy regarding cigarette packaging graphic health warnings after research suggested that it may be a contributory factor in the country’s growing illicit trade in tobacco products.

03 April 2017

SWISS certification mark opposition: court finds actual use likely to confuse

The Federation of the Swiss Watch Industry FH - the holder of the SWISS certification mark - has been successful in an appeal against a decision of the registrar of trademarks in opposition proceedings against the registration of the figurative mark SWISSBERNARD for "horological and chronometric instruments". The appeal decision is significant in that it is one of the rare cases in which the registrar’s decision has been set aside.

03 October 2016

Eighth Circuit overrules district court in East Iowa Plastics case

In East Iowa Plastics Inc v PI Inc, the Eighth Circuit Court of Appeals vacated and remanded a decision by the District Court for the Northern District of Iowa, which had ordered that two registrations should be cancelled on the grounds that they had been fraudulently procured.

17 June 2016

Philip Morris loses ECJ plain packaging challenge

In Philip Morris Brands SARL v Secretary of State for Health the European Court of Justice considered a request from the High Court of England and Wales for a preliminary ruling on various questions relating to the validity of the EU Tobacco Products Directive.

24 February 2016

Supreme Court recognises registrar’s powers to cancel registration suo moto

The Supreme Court upheld a decision of the Division Bench of the Delhi High Court recognising the powers of the registrar of trademarks to cancel the registration of a trademark under Section 57(4) of the Trademarks Act 1999 suo moto (ie, of its own motion).

18 February 2016

Academy swings into action over unofficial Oscars gift bags offering sex toys and marijuana vaporisers

The Academy of Motion Picture Arts and Sciences (the Academy) has commenced legal action against a marketing company behind an unofficial Oscars gift bag that offers nominees, among other things, a vampire breast lift, a marijuana vaporiser and a sex toy. While the gift bag grabbed media headlines when first unveiled, expect the lawsuit to be the focus of similar attention.