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22 May 2019

Trump International loses High Court appeal

The High Court has upheld a decision of the UK Intellectual Property Office finding that the application for TRUMP TV, filed by ‘trademark troll’ Michael Gleissner in the name of Trump International Limited, had been made in bad faith.

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.

21 May 2019

ILPTO upholds registration of former Soviet trademarks for sweets

The Israel Patent and Trademark Office has considered an interesting dispute concerning several marks registered in the name of two major Russian confectionery manufacturers for sweets from the Soviet era.

21 May 2019

Smooth victory for Bega in peanut butter trade dress case against Kraft

A dispute between Bega Cheese and Kraft Foods in Australia has been resolved with the Federal Court awarding Bega the exclusive rights to use a distinctive yellow, red and blue packaging to market its peanut butter. 

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.

20 May 2019

Federal Circuit: trademark decisions rendered by International Trade Commission do not have preclusive effect

In Swagway LLC v International Trade Commission, the US Court of Appeals for the Federal Circuit has held that trademark decisions of the International Trade Commission, like its patent decisions, do not have preclusive effect.

17 May 2019

Supreme Court clarifies conditions for existence of legal interest in non-infringement action

In a dispute between wine and spirits producers Kantina and Adol, the Slovenian Supreme Court has set aside the first and second-instance decisions, which had rejected a non-infringement action filed by Kantina on formal grounds.

17 May 2019

GLENFIDDICH v GLENFIELD: battle of the label trademarks

The UK Intellectual Property Office has issued a somewhat unexpected decision in a case involving an application for the label mark GLENFIELD by an India-based drinks company owner, which was opposed by Scotch whisky distiller William Grant & Sons.

16 May 2019

General Court reaffirms that new relative grounds for refusal cannot be raised after expiry of relevant period

In Lupu v EUIPO, the EU General Court has confirmed that, within the context of opposition proceedings, relative grounds for refusal cannot be raised after the expiry of the term prescribed by law.

16 May 2019

Vested rights clause restores trademark to original applicant

In Sköld v Galderma Laboratories LP, the US Court of Appeals for the Third Circuit has addressed the issue of trademark ownership under since-terminated development and commercialisation agreements.

15 May 2019

EU Trademark Court issues another ruling on use of well-known marks to sell smell-alike perfumes

Spain’s EU Trademark Court has upheld a first-instance decision in which Equivalenza Retail SL had been sentenced for infringing various trademarks, owned by Hugo Boss, Gucci and Lacoste, among others, in the context of its smell-alike business. 

14 May 2019

TICK DIFFERENT: Apple loses to watchmaker Swatch before Swiss court

The Swiss Federal Administrative Court has considered an opposition filed by US tech giant Apple against Swiss watchmaker Swatch’s application for the registration of the mark TICK DIFFERENT for Class 14 goods, including jewellery and watches.

13 May 2019

“Time for our political leaders to get involved” – war of words escalates after UGG decision in favour of Deckers

A jury in the US has found that Australian Leather wilfully infringed a trademark registered to Deckers Outdoor Corporation. The defendant has vowed to appeal, with one member of its legal team calling on the Australian government to intervene.

13 May 2019

“Unusual and very risky” – warning to brands as Venezuelan IP office launches cash payments of fees

The Venezuelan IP Office has introduced a new payment method involving paying cash deposits at a specific bank branch. Experts describe the process as complicated and have warned of significant risks.

13 May 2019

Delhi High Court directs drug authorities to regulate misuse of similar brand names

The decision of the Delhi High Court in Curewell Drugs & Pharmaceuticals v Ridley Life Science creates a strict action plan from the moment that a drug and its packaging are created.