Work Area: Enforcement & litigation

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Application for CASA SUIZA rejected for being misleading and causing confusion with GI

As Switzerland is famous for its chocolate and the mark was intended to cover cocoa products, consumers could be misled into believing that the goods were of Swiss origin.

02 August 2023

Protecting the spirit of Scotland: reflecting on a busy year for the Scotch Whisky Association

The Scotch Whisky Association’s Lindesay Low speaks to WTR about the challenges of avoiding genericism in multiple markets around the world.

01 August 2023

Trademarks on true-to-life toy cars and buildings: Supreme Court confirms that there is no infringement

In a blow to logistics company Dachser, the court held that use of its trademarks on true-to-life replicas of a Dachser truck and warehouse did not constitute trademark infringement.

01 August 2023

General Assembly of Court of Appeal fortifies its stance against bad faith

Where the defendant fails to provide proper justification, the filing of an application similar to a well-known mark will, on its own, be sufficient to establish bad faith.

01 August 2023

A tale of two (m)banks: General Court confirms that visual aspect is more important than phonetic aspect for financial services

For financial services, the visual aspect predominates as the relevant public will perceive the marks on business signs, papers and prospectuses when choosing a financial institution.

31 July 2023

Power play: Federal Court’s decision in Energizer v Gillette narrows test for depreciation of goodwill in comparative advertising cases

The case is noteworthy in that it is one of only a few that have dissected Section 22 of the Trademarks Act.

28 July 2023

Supreme Court of Appeal strongly criticises High Court decision in ‘iCollege’ dispute

The ruling highlights the importance of a thorough and holistic assessment of trademarks in infringement cases.

28 July 2023

PTO confirms similarity of virtual and physical goods in landmark decision

The decision of the Turkish Patent and Trademark Office is consistent with the approach of the EUIPO and the USPTO.

27 July 2023

Acquittal judgment overturned due to incorrect assessment of evidence in case involving imported counterfeit goods

The conclusions reached by the lower court directly contradicted those set forth in the expert’s report.

26 July 2023

Google updates trademark complaints policy; OEPM publishes annual report; first post-Brexit GI awarded – news digest

In our latest round-up, we look at the USPTO accepting signature software for trademark submissions, WIPO delving into the history of Barbie, and much more.

25 July 2023

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