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30 November 2016

General Court confirms BRAUWELT not registrable

The EU General Court recently held that BRAUWELT was not registrable for several goods and services and confirmed the EU Intellectual Property Office's previous rejections. Although not a landmark decision, it reminds practitioners of a number of points which should be observed in such proceedings.

28 November 2016

Prudence advised in appeals to the Trademarks Opposition Board

A recent case has shown that if a party gives its best evidence in an opposition, it should be cautious about considering an appeal unless either the Trademarks Opposition Board has made a material error in fact when making its decision or pertinent new evidence has become available.

22 November 2016

No confusion between YOGGI and YOGIBOOST

The newly established Swedish Patent and Market Court of Appeal has upheld a ruling by the Stockholm District Court resulting in a Swedish dairy producer losing registration of its 45-year-old trademark for goods outside bacterial culture yoghurts.

21 November 2016

General Court finds likelihood of confusion in P signs

The EU General Court has recently confirmed a decision of the EUIPO Fourth Board of Appeal regarding the likelihood of confusion between an application for an EU figurative mark likely to be perceived as the letter P and an earlier German figurative mark also likely to be perceived as the letter P.

13 October 2016

Permanent injunction results in lack of standing

The Ninth Circuit Court of Appeals has affirmed the district court’s dismissal of claims challenging registrations of the marks ENTREPRENEUR MAGAZINE’S SMALL BUSINESS EXPO and ENTREPRENEUR EXPO.

12 October 2016

Low times for infringer: court finds owners personally liable for corporation’s infringement

In a recent decision involving allegations of trademark infringement and passing off, the Federal Court of Canada found the owners and directing minds of a corporation personally liable for the infringing activities of the corporation.

17 November 2016

Kickstarter labelled "treasure trove of product designs" for counterfeiters and copycats

Following an investigation by World Trademark Review, leading crowdfunding platform Kickstarter has been labelled “a treasure trove of product designs for would-be counterfeiters and copycats” by a brand protection expert. The investigation found that countless popular crowdfunding projects are being copied and sold on major online marketplaces – often before the legitimate product is available to buy.

07 December 2016

5-Hour Energy Drink receives mixed results in closely timed state actions

The stamina of the ubiquitous 5-Hour Energy drink took somewhat of a crash in a recent decision by a state trial court in Washington, which found that Living Essentials – the manufacturer of the widely distributed supplement – violated the state’s Consumer Protection Act through deceptive representations of the benefits of its product.

07 December 2016

Kazakhstan drafts amendments to IP laws

Kazakhstan’s Ministry of Justice has drafted a new law amending and supplementing a number of IP laws and regulations. The aim is to bring the country’s IP legislation fully into line with the Organisation for Economic Cooperation and Development’s standards in the area of IP protection and with the Singapore Treaty on the Law of Trademarks.

10 November 2016

ECJ delivers blow to Rubik’s Cube; fears raised that decision paves the way for increased counterfeits

The European Court of Justice has handed down its long-awaited decision on the Rubik’s Cube 3D mark, annulling the EU Intellectual Property Office decision which confirmed registration of the shape in question as an EU trademark. The company has characterised today’s decision as “a damaging precedent”; while one legal commentator, who regards the decision as “bad news” for both brand owners and consumers, warns that it could pave the way for an increase in knock-offs and counterfeits on the market.

11 October 2016

Same, same but different – design infringement

A recent decision by the Federal Court of Australia in Hunter Pacific International Pty Ltd v Martec Pty Ltd is good news for registered design owners as it confirms that liability for design infringement is not avoided by tweaking a registered design to create minor differences.

05 October 2016

Key trademark service providers are Asia-bound with completion of $3.5 billion Thomson Reuters deal

Thomson Reuters’ $3.55 billion sale of its IP business to Baring Private Equity Asia and Onex Corporation completed this week in a deal that highlights the growing demand for trademark strategy services in the region.

05 October 2016

CAMPAGNOLO and F.LLI CAMPAGNOLO not similar

The Swiss Federal Administrative Court has overturned a decision of the Federal Institute of Intellectual Property which had affirmed an opposition from Campagnolo SPA based on its trademark CAMPAGNOLO (and design) against the trademark F.LLI CAMPAGNOLO, as the element CAMPAGNOLO was held to be descriptive.

03 October 2016

EU customs seizures skyrocketed in 2015; concerns raised that counterfeit issue being ‘massively underestimated’

The European Commission’s latest annual report into EU customs enforcement has found that the level of suspected counterfeit articles detained by authorities rose by 15% year-on-year, with the number of applications for action up by a startling 59% across the same time period. While the estimated value of the detailed articles totals nearly €650 million, one expert claims the report could be massively underestimating the scope of the problem.

14 September 2016

Rights holders shouldn’t hold their breath over significant progress on Asia-Pacific trademark protection

Improvement of the regional trademark protection landscape was a key discussion point during the 13th China-ASEAN Expo, which draws to a close today in the Chinese city of Nanning. But in spite of the promising overtures from registration and enforcement agencies, heightened geopolitical tensions could hinder any attempts at progress.