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23 March 2018

Warning: discovery misconduct can cost more than just your case

In Klipsch v ePRO the US Court of Appeals for the Second Circuit has adopted a standard that “discovery sanctions should be commensurate with the costs unnecessarily created by the sanctionable behaviour”.

21 March 2018

Bohemia decision: Federal Court confirms approach to distinctiveness assessment where mark contains geographical term

In Bohemia Crystal v Host Corporation, the Federal Court of Australia has found that the marks BOHEMIA and BOHEMIA CRYSTAL were not distinctive as they indicated a geographical origin known for crystal glassware.

14 December 2017

Specific figurative context with respect to identity of word elements of marks

The Luxembourg General Court issues its judgment in a case concerning the complaint of Frame Srl against the Office for Harmonisation in the Internal Market’s decision to uphold part of Bianca-Moden’s opposition to the trademark BIANCALUNA.

11 December 2017

Trademark litigant must produce documents held by foreign subsidiary

A US district court has held that Republic Technologies (NA), LLC could be compelled to produce documents located in France if they were relevant and within Republic’s control with regard to a declaratory judgment action against competing cigarette paper manufacturer HBI International. However, the court limited production to those documents that were used in or revealed the design process for products marketed and sold by Republic in the United States.

01 March 2018

US government report finds staggering ratio of fakes on major e-commerce sites: calls for agencies to step up

A new report by the US government’s Accountability Office (GAO) has found that US agencies could be doing significantly more to tackle the growing threat of counterfeit goods.

27 February 2018

Alibaba gone quiet? Brand owners give mixed response to marketplace giant's recent anti-counterfeiting efforts

​​​​​​​Over the first two months of the year, there has been little anti-counterfeiting messaging emanating from Alibaba. We speak to brand owners about whether there has been much under-the-radar activity. 

22 February 2018

Good news for rights holders: SON and NAFDAC enter into partnership to tackle fake and substandard products

The Standard Organisation of Nigeria and the National Agency for Food and Drugs Administration and Control have entered into a partnership to tackle and combat fake and substandard products in the country.