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17 January 2019

Blackhawks.com down! Respondent found to have engaged in pattern of abusive domain name registration

A recent UDRP decision involving the domain name ‘blackhawks.com’ shows that a domain name registrant may be found to engage in conduct that amounts to bad faith even if it is not targeting a specific trademark holder.

17 January 2019

Amended German trademark law comes into force - key changes highlighted

The Trademark Law Modernisation Act, which aims to transpose Directive 2015/2436 into German law, has come into force. This update reviews the changes that will have the greatest impact on mark owners.

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.

16 January 2019

Sky skewers Samsung in ‘Q’ case

The UK Intellectual Property Office has upheld an opposition filed by Sky, the owner of a figurative mark intended to be seen as ‘Q’, against the registration by Samsung of a mark representing the letter ‘Q’.

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

UDRP: no change in the status quo is not a legally relevant development

A recent decision under the UDRP highlights important points for complainants contemplating the submission of a refiling.

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

Skyscanner fails to obtain transfer of ‘fly-scanner.com’ under UDRP

In a recent case under the UDRP, Skyscanner has failed to prove that the respondent had registered and used the domain name ‘fly-scanner.com’ in bad faith, even though it was being used in relation to competing services.

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.

10 January 2019

The red-and-white jersey belongs to all Peruvians - but not when it includes the Peruvian Football Federation’s shield

The Peruvian Trademark Office has allowed the registration of two trademarks representing the red-and-white jersey of the national football team - but only because the marks included the Peruvian Football Federation’s shield.

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.

09 January 2019

Is Brexit spurring a ‘.eu’ domain exit?

The latest Progress Report released by EURid has revealed a drop in the overall number of registrations under ‘.eu’. Is the uncertainty surrounding Brexit a factor in the decrease in the number of domain name registrations and renewals?

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

UDRP complainants: be careful not to trigger a finding of reverse domain name hijacking

In recent UDRP proceedings, a panel has denied the transfer of a domain name that was identical to the complainant's mark and also made a finding of reverse domain name hijacking - even though the respondent did not specifically ask for such relief.