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17 January 2019

Four key relationships at the heart of Teva’s pharmaceutical trademark management – exclusive interview

Laurence Rickles, chief trademark counsel at Teva, provides tips for successful pharmaceuticals brand rights management, and the four relationships that success depends on.

16 January 2019

Blow for Horlicks as Delhi High Court rules in favour of Heinz in comparative advertising case

The Delhi High Court has dismissed Horlicks’ application for an interim injunction against Heinz India, holding that an advertiser is allowed to make a comparison with other products as long as such comparison is true.

15 January 2019

Court of Appeal deviates from ‘first to register’ rule and protects foreign brand owner

In a significant victory for brand owners, Nigeria’s Court of Appeal has deviated from the ‘first to register’ rule and held that the true owner of the mark KASEA was a Chinese company which was not a party to the proceedings.

15 January 2019

Supermac’s trademark victory over McDonald’s is a “warning” to major brands

In a landmark judgment, Irish fast food chain Supermac’s has prevailed in a dispute with McDonald’s over the use of the BIG MAC trademark.

14 January 2019

Korea Customs Service announces amendments to IP rights protection guidelines

Late last year the Korea Customs Service issued an announcement regarding important proposed amendments to the IP rights protection guidelines. This update reviews the amendments which may have the greatest impact on brand owners.

14 January 2019

Mediation now mandatory for monetary-related IP disputes

Mediation is now mandatory in Turkey for actions relating to commercial receivables, which cover certain types of IP disputes. 

11 January 2019

Preliminary injunctions granted against Blablatel Mobile for parallel imports

In a dispute between two mobile phone companies, the EU Trademark Court Number 1 of Alicante has confirmed that importing goods that were originally intended to be marketed outside the European Economic Area without the trademark owner's consent constitutes infringement.

11 January 2019

Johnson & Johnson data focus: inside the world’s biggest trademark portfolio

In the first of a new series, we shed light on how this pharmaceutical giant's trademark holdings have contributed to its business strategy.

10 January 2019

Eurasian Economic Union makes progress with Customs Register and Eurasian trademark

Two documents have recently been signed in order to move forward the process of establishing a unified IP system in the Eurasian Economic Union (EAEU). Among other things, EAEU trademarks are expected to become the new standard for the region sometime next year.

10 January 2019

How Discovery wields a range of rights to fight piracy: exclusive interview

At Discovery Inc, anti-piracy efforts go beyond the sending of enforcement letters and filing lawsuits, with trademark rights a key weapon in the company’s armoury, explains senior vice president of intellectual property and litigation David Modzeleski.

09 January 2019

Federal Supreme Court: Producers must prove that Champagne does not determine taste of ‘Champagner Sorbet’

In a dispute over the use of the name ‘Champagner Sorbet’, the German Federal Supreme Court has held that the burden of proving that the ingredient Champagne does not determine the taste of ‘Champagner Sorbet’ rests on the claimant, a French association of Champagne producers.

08 January 2019

Spinning around: General Court annuls EUIPO decision revoking SPINNING mark

The EU General Court has annulled a EUIPO decision revoking the mark SPINNING for “exercise equipment” and “exercise training” services. The decision highlights the importance of showing consumers of goods as being both sophisticated and lay.

07 January 2019

Cadbury’s colour purple mark can’t be split - clarity and precision are the winners in the Court of Appeal

In a significant blow to Cadbury, the Court of Appeal of England and Wales has rejected the confectionary giant’s argument that its trademark registration for the colour purple was actually a series mark which could be split and partially maintained.

07 January 2019

Turkish government introduces restrictions on use of trademarks on tobacco products

The control of tobacco consumption has long been one of the top priorities of the Turkish government. In November 2018 Law No 7151 entered into force, introducing new regulations regarding the packaging of tobacco products.

04 January 2019

Eagle mark soars to injunction against identical 'hawk' logo

In Alliance for Good Government v Coalition for Better Government, the US Court of Appeals for the Fifth Circuit has considered whether there was a likelihood of confusion between two logos arranged around a stylised bird.