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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.

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.

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.

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 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’.

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.

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 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).

01 February 2016

Star Wars deal propels Disney to top of the ‘most powerful brands’ list

Walt Disney has supplanted Lego as the world’s most powerful brand, according to the Brand Finance Global 500 2016. Acquisition activity has played a key role, with Marvel and Lucasfilm properties propelling the Walt Disney brand up the brand strength league table.

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.

11 April 2018

How the legal profession underutilises paralegals: exclusive interview with Deborah Hampton of Chemours

In the latest of our interview series with leading in-house counsel, The Chemours Company’s Deborah Hampton reflects on how paralegals are often underestimated and her approach to protecting the company’s global brand.

23 March 2017

Delhi District Court: no confusion between IKEA and AIKYA GLOBAL

Furniture giant Ikea has suffered a setback in its legal battle against Aikya Global, which provides professional consultancy services and event, media and communication services. Ikea alleged that the adoption and use of the AIKYA mark amounted to unfair competition, trademark infringement and passing off. However, the Delhi District Court ruled in favour of Aikya Global, finding that the parties’ marks and services were not similar.

05 October 2016

3D marks in the EU under threat? The potential effects of the Rubik’s Cube trademark case

Episode 15: We focus on a dispute surrounding the protection of the Rubik’s Cube shape as a 3D trademark, and the potential implications should that mark be struck down.