One of South Africa’s most successful and established online retailers, Yuppiechef, recently failed in the Supreme Court of Appeal to establish trademark infringement or passing off against a rival online retailer based on its trademark YUPPIECHEF.
Next week Alibaba is to place virtual reality (VR) technology at the centre of its Singles Day sales drive, the latest in a series of high-profile uses of the technology in China. With the country’s VR industry predicted to be worth Rmb55 billion ($8.14 billion) by 2020, it makes the market one to monitor for counsel concerned over how brands may be used (for good and bad) in the virtual environment.
The High Court has issued useful guidance on the issue of trademark infringement and passing off in the context of keyword advertising, in a case concerning two bathroom retailers. The case reiterates that keyword advertising is not inherently objectionable from a trademark perspective and that the question is whether the advert is causing confusion.
In Future Enterprises Pte Ltd v EU Intellectual Property Office, the EU General Court held that McDonald’s reputation makes it possible to have exclusive rights to the use and registration of trademarks that contain the prefix ‘Mac’ or ‘Mc’ for food and beverages.
In an application to register Trademark 244245 in the name of Booking.com BV, the Israeli Patent and Trademark Office refused registration of the word mark BOOKING.COM, holding that the mark was generic and directly described the applicant’s services, and therefore could not acquire distinctiveness.
In El Cortes Ingles v European Union Intellectual Property Office the EU General Court upheld the decision by the Board of Appeal to reject El Cortes Ingles’ opposition to the mark SUPECO. The issue considered in the decision was new as the opposition was made against only some of the products and services.
US sports shoes maker New Balance has expressed disappointment with a Chinese court’s decision over ownership of the BAI LUN and XIN BAI LUN (新百伦) marks, with New Balance ordered to pay Rmb5 million in damages. While a blow, the company has told World Trademark Review that it will invite consumers to help it create a new Chinese trademark as part of its branding strategy.
The Federal Trade Commission (FTC) issued an enforcement policy statement in January that clarified its stance on deceptively formatted advertisements. As we noted at the time, what will be important going forward is how the organisation tackles subsequent enforcement actions. This month the FTC shed some light onto its approach, in particular in the social media environment.
After vanishing from shopping precincts in Australia and New Zealand earlier this month due to bankruptcy, consumer electronics retailer Dick Smith has been reborn as an online-only store thanks to the successful sale of its IP assets. The fall and rise of this household-name brand shows that the open market can present rich opportunities for both those looking to monetise trademark rights and those looking to acquire proven brands. However, there are also significant risks.
Following the release of a white paper detailing WeChat’s IP protection efforts in 2015, World Trademark Review has spoken with the China-Britain Business Council about its nascent efforts to establish a dialogue between Tencent and UK rights holders. We also received an update on the council’s ongoing strategic collaboration with Alibaba Group.
The Office of the US Trade Representative (USTR) has released the latest edition of its annual Review of Notorious Markets. The re-admission of Taobao to the list has spurred owner Alibaba Group to label itself a "scapegoat".
In our latest round-up, we report why Louboutin's red sole mark was declared ‘well known’ in India, upcoming changes at Nigeria’s trademark registry, and much more.
New research from brand consultancy Siegel+Gale has analysed nearly 900 brands to create a ranking of those which succeed due to brand promise simplicity. However, achieving simplicity remains an uphill battle.
In our latest round-up, we look at the South African minister calling for tobacco plain packaging, calls for an independent, standalone IP office in Rwanda, the IP of Nine West Holdings being sold, and much more.
In our latest round-up, we look at how urgent action is required for owners of Kuwaiti trademarks, Moutai ending its 17-year bid for the NATIONAL SPIRIT mark, how to create an effective brand name, and much more.