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03 December 2008

Political challenges for trademarks in South Africa

With an election promised next year, the complex debate surrounding the famous springbok emblem still in the news and now a dispute over the name of a political party, WTR spoke to some of South Africa's leading trademark practitioners to assess the Rainbow Nation's IP policies – and what the future could hold.

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”.

22 March 2018

Attorney urges businesses to “stand firm and plead bad faith” in Gleissner oppositions

An attorney who recently prevailed in an opposition against Michael Gleissner-linked trademark application explains why he worked the case “for the good of the system rather than profits”.

09 April 2018

ECJ delivers blow to mobile.de: cancellation proceedings against MOBILE.DE can resume

Following a decision of the Court of Justice of the European Union, the long-running cancellation proceedings between mobile.de GmbH and Rezon OOD can now continue before the Cancellation Division of the EUIPO.

29 March 2018

Court of Appeal: 'stick' and 'stix' are distinctive for Class 30 goods

In a somewhat unusual decision, the Turkish Court of Appeal has found that the words 'stick' and 'stix' were the dominant elements of the plaintiff's trademarks and that they were distinctive for Class 30 goods.

02 May 2018

Beijing IP Court's LIVINGSOCIAL decision: proving copyright ownership in trademark disputes

In opposition proceedings against the device mark LIVINGSOCIAL, the Beijing IP Court has held that, without compelling evidence that the mark was created independently, it infringed the prior copyright of LivingSocial.

04 May 2018

3D Kit Kat mark: advocate general delivers further blow to Nestlé

The advocate general has delivered another blow to Nestlé in its long-running attempt to register the shape of its four-fingered Kit Kat bar as a three-dimensional EU mark.

25 April 2018

Victory for Coca-Cola: Delhi High Court grants permanent injunction against use of KINLEY

The Delhi High Court has issued a permanent injunction prohibiting Glacier Water Industries from using Coca-Cola’s KINLEY mark and passing off its goods as those of Coca-Cola.

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.

15 March 2018

First Circuit allows Chapter 11 debtor to terminate trademark licence; creates split with Seventh Circuit

In In re Tempnology, the US Court of Appeals for the First Circuit has held that Chapter 11 debtors may reject trademark licences, thus creating a split with the Seventh Circuit over a company’s ability to terminate a trademark licence while in bankruptcy.

01 February 2018

Brands unprepared for reputational damage of fake news and hate speech on digital ad platforms: report

Report reveals that few brands have taken adequate measures to prevent online ads appearing alongside potentially damaging content – including fake news.

01 February 2018

TTAB grants motion for summary judgment as to fraud counterclaim

In Kastle Systems v Lee Strategy Group, the TTAB has granted the opponent’s motion for summary judgment, dismissing the applicant's fraud counterclaim.

31 January 2018

Polo/Lauren Company fails to invalidate 'polo player' mark

The Polo/Lauren Company has failed to invalidate the Royal County of Berkshire Polo Club's registration for a composite mark containing the word 'polo' and the device of a polo player.