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22 May 2019

<em>Beiersdorf v Koni</em>: passing off and a composite of get-ups

In Beiersdorf AG v Koni Multinational Brands (Pty) Ltd, the South African High Court has considered the use by one party of a get-up that was a composite of various get-ups used by another party.

20 May 2019

Licensor prevails in dispute over use of brand name post-termination

A recent case in India has addressed the question of whether a licensee can claim rights in a licensed mark when faced with the termination of the licence agreement.

17 May 2019

P&G’s new start-up mindset will reinforce its position in the market  

Direct-to-consumer brands have proved to be a problem for the American consumer goods behemoth Procter & Gamble, but a new customer-centric strategy combined with data resources could help the company regain lost ground.

10 May 2019

Morocco’s stable ecosystem is an opportunity for brands, particularly those in cosmetics and pharmaceuticals

Morocco is set to become an increasingly important jurisdiction, acting as an access point for both European and African businesses to expand abroad. The government’s international outlook means this emerging market could be the new frontier for growing brands.

03 May 2019

“29 and counting” – Canada sets plain packaging date as dominoes continue to fall

The government of Canada has confirmed when new regulations for plain packaging on tobacco products will come into force, as the spread of plain packaging continues at an increasingly rapid pace.

03 May 2019

Court of Appeal finds yet another registered Community design valid but not infringed 

The decision of the Court of Appeal of England and Wales in PulseOn Oy v Garmin (Europe) Limited follows a line of cases in which designs have been found to be valid but not infringed, taking into account the degree of design freedom in more technical designs.

30 April 2019

Creating efficiencies in a data-dominated world: inside GSK’s cross-functional IP services division

Sophie Bodet, vice president of legal brand protection and IP services at GSK, tells WTR about how recent collaborations between the patent and brand teams have delivered tangible efficiencies to the wider business – evidencing the return on investment of internal cooperation.

30 April 2019

General Court: outward use not necessarily aimed at end consumers

In Hesse v EUIPO, the EU General Court has upheld a decision of the First Board of Appeal of the EUIPO in revocation proceedings involving the mark TESTA ROSSA, rejecting arguments relating to proof of use and equal treatment.

26 April 2019

Opposition Division finds likelihood of confusion between SO DIVINE and SO…? LOVELY

The Opposition Division of the EUIPO has partially upheld an opposition against the registration of the figurative mark SO DIVINE due to a likelihood of confusion with earlier SO…? LOVELY marks.

25 April 2019

General Court: Board of Appeal should have examined alleged enhanced distinctiveness of earlier mark

The EU General Court has annulled a decision of the First Board of Appeal of the EUIPO in which the latter had found that there was no likelihood of confusion between the trademarks BALEA and ALBÉA.

24 April 2019

Another blow for HBO as opposition against GAME OF VAPES fails

Game of Thrones producer HBO has suffered another defeat before the UK Intellectual Property Office: following on from a decision in which registration of GAME OF STONES was allowed for beer, the office has rejected HBO’s opposition against GAME OF VAPES for tobacco products.

24 April 2019

General Court: common figurative elements will make an impression on consumers, despite their weak distinctive character

In Užstato sistemos administratorius VŠĮ v EUIPO, the EU General Court has confirmed that there was a likelihood of confusion between two purely figurative marks for recycling-related services.

18 April 2019

The right to be heard and the right to be told that one has made a mistake

The decision of the EU General Court in Prim SA v EUIPO is likely to influence how the errors and/or omissions of opposing parties will be handled, knowing that keeping quiet about such issues in EUIPO proceedings may ultimately backfire.

15 April 2019

“You need to be willing to stay the course”: brand management insights from Coty Inc’s Joseph Conklin

In an exclusive interview with WTR, Joseph Conklin, senior vice president and global deputy general counsel for beauty company Coty Inc, has revealed how he approaches brand rights enforcement and ensures cross-company collaboration.

15 April 2019

General Court sheds light on assessment of similarity of goods

In IQ Group Holdings Bhd v EUIPO, the EU General Court has provided valuable guidance on the assessment of the similarity of goods and services, especially with regard to distribution channels and the sale of products online.