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Enforcement and Litigation

Topic: Enforcement and Litigation

Halloumi lovers cheesed-off by GRILLOUMI BURGERS

These General Court decisions serve as a reminder that certification marks are not protected geographical indications of origin and cannot be relied upon as such.

Change the look of the room: appeal transferred to the Federal Circuit

The appeal was transferred because the operative complaint included six counts of patent infringement and thus arose under patent law.

Banksy NFT collection to launch from controversial multimillionaire trademark activist

Millionaire entrepreneur Mike Lin reveals the imminent launch of an NFT collection featuring well-known Banksy artworks, and boldly declares he is “hoping for legal troubles”.

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US Supreme Court ends long-running UGG dispute; ABBA sues UK tribute act; Square rebrands to Block – news digest

In our latest round-up, we look at Shopify being accused of assisting pirate sales by five major publishers, the Polish IP office launching an innovative QR verification system, and much more.

07 December 2021

Heytea serves up invalidation against Heetea in Singapore

This dispute between a tea shop chain and an operator of kiosks selling tea-based beverages highlights that enforcement can be taken in Singapore based on both registered and unregistered rights.

07 December 2021

General Court: it is not necessary for a mark to be used in an extensive geographic area for its use to be deemed genuine

The fact that use of the earlier mark had been proved only in connection with a small part of the territory of Germany and France did not preclude its use from being genuine.

06 December 2021

Board of Appeal confirms ex officio ISIPO refusal of pharma mark

The refusal of pharmaceutical company Alvogen’s appeal highlights the importance of the principle of interdependence in the assessment of the likelihood of conclusion.

06 December 2021

National interest: a basis for the registration of identical or confusingly similar trademarks?

This decision of the Federal High Court in a case involving the ‘eNaira’ - the Central Bank of Nigeria’s new digital currency - broadens the scope of Section 13(2) of the Trademarks Act.

03 December 2021

Oppositions flock to BLACK SHEEP RESTAURANTS

These two oppositions against the registration of BLACK SHEEP RESTAURANTS in Class 43 highlight how the EUIPO’s interpretation of the relevant public’s ability to speak the language of the marks impacts the likelihood of confusion assessment.

03 December 2021

Reviewing the doctrine of res judicata ‘ONE’ decision at a time

The judgment of the General Court in this long-running dispute between Nestlé and Amigüitos pets & life provides a helpful reminder of the instances in which the principle of res judicata should apply.

02 December 2021

Tommy Hilfiger overcomes CNIPA’s refusal of stripe mark by showing that it had obtained foreign government’s consent

When Tommy Hilfiger attempted to register a stripe trademark in Class 25, the CNIPA rejected the application on the ground that it was similar to Yemen’s national flag. To overcome the refusal, Tommy Hilfiger applied for the same mark for the same goods in Yemen.

02 December 2021

Customs seizures drop a third in pandemic, EUIPO report finds

The number of fake items detained at the EU border fell by over a third last year, according to a new report by the EUIPO and the European Commission.

01 December 2021

Federal Court of Justice: trademark owners bear the burden of proving the public recognition of a trademark

The German Federal Court of Justice has recently clarified that trademark owners bear the burden of proving the public recognition of a trademark within the relevant trade circles in both cancellation and trademark application proceedings.

01 December 2021

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