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10 May 2018

As Alibaba’s Anti-counterfeiting Alliance grows, is Amazon now the primary battleground in the war against fakes?

Alibaba Group has confirmed that membership to its Anti-Counterfeiting Alliance has climbed to over 100 brands. Exclusive survey data reveals the Chinese retail giant is still a challenge for rights holders – but respondents claim Amazon is “less and less willing to help brand owners”.

16 February 2018

JOY fails to prevent registration of HISPANITAS JOY IS A CHOICE despite enhanced distinctive character

In Jean Patou Worldwide v EUIPO, the General Court has confirmed that there was no likelihood of confusion between the figurative mark HISPANITAS JOY IS A CHOICE and the earlier mark JOY for “perfumes” in Class 3.

27 April 2018

Good news for brands owners: custodial sentences given to owners of stores selling counterfeit goods

Following a significant operation carried out at Ecuador’s largest informal market, the owners of three stores in which counterfeit goods were seized were arrested and given prison sentences.

24 April 2018

Blow for Crocs: 3D mark representing famous clogs declared invalid

The Dominican Republic's Patent and Trademark Office has ordered the cancellation of a 3D trademark representing Crocs Inc's famous clog shoe, as the mark was considered to be functional.  

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.

25 September 2017

Court awards Tiffany damages in Costco infringement case

In the most recent development in the trademark infringement case between Costco and Tiffany, the court awarded Tiffany $11.1 million in trebled profits and an additional $8.25 million in punitive damages. 

15 September 2017

Advocate General has its say on Coty’s effort to prevent third party online sales

Can luxury brands be permitted to prevent their own authorised resellers from selling products through online third-party platforms? A recent opinion from Advocate General Wahl has gone some way to answer that question by holding that suppliers of luxury goods may prohibit authorised retailers from selling their products on third-party platforms such as Amazon or eBay.

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.

19 January 2018

Victoria's Secret fails to prove bad faith in Beijing High Court

The Beijing High Court has upheld the rejection of Victoria’s Secret’s opposition against the registration of the mark 维多利亚的秘密VICTORIA’S SECRET in Class 42.

08 January 2018

adidas wins latest dispute against H&M in Hague Court

The District Court of The Hague has ruled in favour of adidas in the main proceedings of its saga against H&M regarding the companies' respective stripe marks.

15 June 2017

ECJ widens scope for forum shopping in Hummel Holding v Nike

The European Court of Justice has provided two broad requirements to satisfy the notion of ‘establishment’ under Article 97(1) of the Trademark Regulation. This ensures that most disputes involving EU trademarks – no matter whether the defendant has its seat in the European Union – fall under the remit of EU trademark courts and their ability to grant EU-wide injunctions.

15 May 2017

Paris Court of Appeal clarifies confusion

The Paris Court of Appeal recently found that, among other things, use of the domain name 'lecomptoirducoton.fr' had resulted in both trademark infringement and unfair competition in relation to the trademark COMPTOIR DES COTONNIERS. According to the court, when a domain name is not identical to a trademark, the likelihood of confusion between the two signs should be assessed. This assessment includes a likelihood of association, which should be evaluated internationally.