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25 March 2019

Polo logo appeal dismissed: the importance of evidence of use and registrations

The EUIPO Board of Appeal has decided that a declaration of invalidity filed by Style & Taste against Polo/Lauren’s polo logo did not contain sufficient evidence to support the claim.

25 March 2019

UDRP respondent establishes prior registration based on unbroken chain of possession

A decision under the UDRP illustrates how a respondent may rely on an unbroken chain of ownership of a disputed domain name to establish its original registration/acquisition date. 

22 March 2019

Review your IP arrangements: IP exemption from competition laws soon to be repealed

Section 51(3) of the Australian Competition and Consumer Act, which exempts conditional licensing or assignment of IP rights from most of the prohibitions on cartel conduct, is due to be repealed. Businesses are strongly urged to review their IP arrangements to ensure that they comply with the competition laws.

22 March 2019

General Court upholds rejection of STREAMS trademark application

In DeepMind Technologies Ltd v EUIPO, the EU General Court has confirmed that the mark STREAMS was descriptive of goods and services in Classes 9 and 42 and should be refused under Article 7(1)(c) of EU Regulation 207/2009. 

21 March 2019

General Court: consumers perceive signs as a whole

The EU General Court has dismissed an appeal of the Fifth Board of Appeals’ decision concerning the EU mark VERA GREEN and earlier LAVERA marks. The court held that consumers generally perceive signs as a whole and do not analyse their various details.

21 March 2019

UDRP: be aware of generic terms

A recent decision under the UDRP highlights that having a trademark, by itself, does not necessarily mean that the trademark holder will succeed in obtaining the transfer of a domain name, even if it identically reproduces such trademark.

20 March 2019

Patent Office rejects WHEN IN ICELAND opposition

A recent Icelandic Patent Office decision serves as a useful reminder that the evaluation of similarity as set out in the Trademarks Act should always involve a nuanced comparison of the marks.

20 March 2019

Philip Morris protects IQOS with registered Community design

In a powerful blow to a Chinese competitor, Philip Morris has deployed its registered Community design (RCD) in order to block the sale of a heated tobacco device, obtaining interim pan-EU injunctive relief from the UK court. The case shows that, in the right circumstances, an RCD can be used to obtain pan-EU injunctive relief on an urgent basis and is therefore an effective weapon for tackling look-a-like products.

19 March 2019

‘Funtime’ is over for Trespass

The Intellectual Property Enterprise Court has held that Luen Fat Metal & Plastic Manufactory Co Limited’s UK and EU trademarks for a series of word marks (FUNTIME, FUN TIME and FUN-TIME) are valid and have been infringed.

19 March 2019

Trademark owner’s fate sealed after finding of fraud on USPTO

The US Court of Appeals for the Eighth Circuit has upheld a ruling that dismissed a trademark owner’s second infringement lawsuit after a finding that the mark at issue was no longer incontestable because of fraud on the USPTO. This decision could end the 20-year dispute between the two brands.

18 March 2019

New Intellectual Property National Policy to create more competitive and innovative nation

The National Institute for Defence against Unfair Competition and Intellectual Property has begun work on a national policy to make intellectual property a necessary competitive instrument for Peru’s social and economic development.

18 March 2019

Trademark owners take note: marks registered under old IP law must be renewed before 28 July 2019

Trademark owners with registrations in Burundi which were filed before the new IP Law came into force are advised to apply for the renewal of their trademarks before the deadline of 28 July 2019.

15 March 2019

OAPI announces significant changes to the system

The African Intellectual Property Organisation authorities have announced significant changes to the legislation that underpins the OAPI system, the Bangui Agreement.

15 March 2019

<em>Chicago Mercantile Exchange v Intercontinental Exchange</em>: exclusively descriptive names are not registrable trademarks

A recent decision of the IP Office of Singapore in invalidity proceedings illustrates that, even if a party is the sole provider of a particular product or service, it does not automatically acquire the right to register the mark covering that product or service.

14 March 2019

CJEU considers trademarks with common element 'so' and finds likelihood of confusion

When is a single common element sufficient to create a likelihood of confusion? A decision of the Court of Justice of the European Union in a case involving the mark SO’BIO ĒTIC and earlier SO…? marks illustrates the difficulties in answering that question.