PUMA v BERTRAND PUMA: marks with a “very high reputation” and the mental link required under Article 8(5)
The link which may be established in the minds of the relevant public with a mark that has an exceptional reputation cannot be presumed.
The link which may be established in the minds of the relevant public with a mark that has an exceptional reputation cannot be presumed.
The decision demonstrates the key role that registered designs can play in taking enforcement action against lookalike products.
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In a dispute between Intercontinental Great Brands LLC, the owner of the OREO mark, and Zayaan Investments Limited, the High Court found that Zayaan had acted in bad faith in registering the MOREO’S mark.
05 March 2024
The JPO notably found that the term ‘Mouton’ had acquired a substantial degree of reputation among relevant consumers and traders as indicating the world-famous wine Château Mouton Rothschild and its abbreviation.
04 March 2024
The case shows the need for a thorough examination of the demonstrated use, taking into consideration both the actual goods/services and the perspective of consumers.
29 February 2024
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27 February 2024
Use of the figurative mark REGINA for cigarettes would be detrimental to the repute of the earlier mark REGINA for Class 30 goods.
27 February 2024
Vice president Zhanyou Zhu explains the principles behind the IP strategy at China’s biggest dairy company.
23 February 2024
While a significant part of the relevant public would understand ‘Olympus’ as referring to Mount Olympus in Greece, that term had no meaning in relation to the goods in question and was thus distinctive.
22 February 2024
The Valdivia Court of Appeal held that NotCo’s packaging and advertising for its NotMilk product did not constitute unfair competition.
19 February 2024
Middle-earth Enterprises LLC - the owner of all trademark rights associated with JRR Tolkien’s novel The Lord of the Rings - successfully opposed the registration of LORD OF THE WINGS for Class 43 services.
16 February 2024
The Scotch Whisky Association has filed an infringement suit that sheds light on the interaction between registered owners and authorised users of geographical indications when it comes to the right to sue in India.
15 February 2024
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