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19 June 2007

Domain name marketplace organizer's appeal dismissed

The Paris Court of Appeal has upheld a first instance decision finding a company involved in organizing a marketplace for the sale and purchase of domain names liable for trademark infringement, and has ordered it to pay damages and costs. Paradoxically, the decision appears to suggest that the more stringently a domain marketplace organizer looks for potentially infringing domain names, the higher the risk of incurring liability.

13 November 2003

Google's sponsored links infringe trademarks

In Luteciel v Google France, the Nanterre Court of First Instance has fined Google for using trademarked terms through its AdWords program, which is used to create sponsored links. The court found that such use amounted to trademark infringement.

04 February 2016

Domain name registration strategies in focus

Corporate domain name management companies are often asked the question: “What does an optimal portfolio look like?” There is no single right answer to this question, as a domain name portfolio depends on a number of factors, such as appetite for risk, budget, ability to manage and creative thinking.

10 June 2019

Counterfeits on TikTok: IP enforcement best practices

In an exclusive article, digital brand consultant Steven Ustel reveals the scale of counterfeiting on TikTok and its Chinese equivalent Douyin – and recommends ways for brand owners to mitigate the risks on the platforms.

21 September 2009

eBay's use of sponsored links is infringing, says Paris court

In the latest instalment of the high-profile legal battle between LVMH and eBay, the Paris Tribunal de Grande Instance on Friday held the online auction house liable for trademark infringement in relation to the use of LVMH's marks in sponsored links.

15 November 2012

Court considers use of trading partner's trademark as AdWord

In SKA-DAN v Bredenoord A/S, the Maritime and Commercial Court has held that Bredenoord's use of the mark SKA-DAN as an AdWord was contrary to the Marketing Practices Act. SKA-DAN, a Danish company, had entered into a lease agreement with Dutch company Bredenoord. Among other things, the court attached importance to the fact that Bredenoord had attempted to acquire SKA-DAN's customers by using the SKA-DAN mark as an AdWord.

11 November 2014

Christian Louboutin extols the virtues of making consumers part of the fight against fakes

The iconic fashion brand, best known for its red-soled high heel shoes, has demonstrated the benefits of making consumers an ally in the fight against fake goods, revealing that thanks to its online initiative Stopfake it is receiving 200 counterfeiting tip-offs a week.

20 April 2011

eBay hopes to woo brand owners to VeRO via INTA booth

eBay will exhibit at this year’s INTA annual meeting in order to promote its Verified Rights Owner (VeRO) programme to brand owners, WTR has learnt. The move not only demonstrates eBay’s persistence in tackling the sale of counterfeit goods; the company hopes that it will also prove that the programme is “available to all”.

17 April 2013

China predicted to be fastest growing market for take-up of IDN gTLDs

Following the ICANN meeting in Beijing last week, the outlook for gTLDs from a purely Asian perspective is worth further examination, particularly for trademark counsel seeking to direct policing activities in the new online space. The CEO of the single largest gTLD applicant from China, has told WTR that he expects the country to adopt internationalised domain names faster than any other market in Asia, making it the one to watch.

03 July 2008

No initial interest confusion in metatags case

In Designer Skin LLC v S & L Vitamins Inc, a US district court has rejected a claim of initial interest confusion in a case involving the use of a trademark in metatags. The district court was "not persuaded" by the reasoning of the Tenth Circuit in Australian Gold Inc v Hatfield, in which the court had held for the manufacturer/trademark owner under similar circumstances.

29 April 2005

Google's motion to dismiss fails in American Blind Case

In a non-precedential opinion in Google Inc v American Blind & Wallpaper Factory Inc, the US District Court for the Northern District of California has denied Google Inc's motion to dismiss claims made under the Lanham Act concerning its AdWords program. The court was reluctant to dismiss a case that it found presented such "novel legal questions" until further factual findings were available.

12 February 2018

UDRP panel finds RDNH; complainants should disclose all prior dealings with respondent

A UDRP panel has denied the transfer of ‘modz.com’ to the owner of the mark MODZ, and also made a finding of reverse domain name hijacking for failure to disclose prior communications with the respondent. 

28 April 2016

Amazon’s clear labelling defeats MTM trademark claims

The Supreme Court has denied certiorari for the Ninth Circuit decision in Multi Time Machine Inc v Amazon.com Inc, which held that Amazon did not infringe MTM’s trademark in its presentation of other competing products in a consumer’s search results.

02 September 2019

Darren Olivier

"The benefit of having trademark rights in Africa is already paying off"

29 May 2012

Decision highlights need for specificity in all aspects of drafting

The decision of the Ontario Superior Court of Justice in Skipper Online Services (SOS) Inc dba BoaterExam.com v 2030564 Ontario Inc dba Boatsmart Canada has highlighted the risks that arise when an agreement is silent, or ambiguous, as to certain terms. Among other things, the court found that a translation, unless it is specifically limited, necessarily includes any translation, whether to or from English, French or any other language.