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17 January 2019

What the future holds in store for brand professionals: exclusive insights from the 2019 INTA president

David Lossignol, the new president of INTA, outlines the association’s priorities for the coming year and calls on the trademark community to facilitate positive change in the brand ecosystem.

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

MysteryBrand denies selling fakes, T-ara dispute concludes, and Slovakia IPO ditches fax: news digest

In our latest news digest, we look at the USPTO hiring a deputy general counsel, how domain name management is “just as important” as brand protection, the Paraguay IPO pledging more counterfeit enforcement in 2019, and much more.

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

Protecting and enforcing design rights: Israel

A design will be considered new if an identical design, or a design that differs only in non-essential details, has not been made available to the public before its disclosure date.

08 January 2019

Protecting and enforcing design rights: Russia

Russian design law is incorporated into Part IV of the Civil Code. Additional provisions regarding application proceedings are set out in the Rules on Design Patent Application Proceedings and the Instructions for Design Patent Application Documents.

08 January 2019

Protecting and enforcing design rights: Spain

The legal framework relating to industrial designs in Spain is circumscribed, as far as national legislation is concerned, to Law 20/2003 on the Legal Protection of Industrial Designs (7 July 2003) and the Regulation for the Implementation of Law 20/2003 on the Legal Protection of Industrial Designs, approved by Royal Decree 1937/2004 (7 September 2004).