Work Area: Enforcement & litigation

Latest content

Lavender wins against ‘unfragrant’ infringer

The decision brings hope to owners of unregistered GIs in Indonesia, who had feared that the new Law on Trademarks and Geographical Indications precluded them from enforcing their rights in the country.

14 September 2022

General Court: EUIPO can ignore absolute ground for invalidity if relative ground is sufficient

The EUIPO was entitled not to re-examine all the grounds and arguments put forward in support of the application for a declaration of invalidity.

13 September 2022

Raffel v Man Wah: how a counterfeiting dispute sparked a war of words in the trade press

In recent months, the dispute has resulted in a $106 million jury award, a flurry of motions, calls for the US authorities to get involved and a public war of words in the trade press.

12 September 2022

Veil piercing under Lanham Act requires specific showing of liability

The case shows that, in Lanham Act cases, common ownership alone is insufficient to pierce the corporate veil.

12 September 2022

Supreme Court confirms compensation of over €500,000 for using competitor’s trademark as AdWord

The defendant’s advertisement hardly allowed the average internet user to determine whether the services included in the advertisement came from the owner of the trademark or from a company financially linked to it.

12 September 2022

TTAB’s HUNGRY decision highlights risks of fabricating evidence or providing untruthful testimony

An adverse inference may be drawn against a party who destroys, alters or provides false evidence or testimony.

09 September 2022

BMW prevails over Estonian company in replica rims dispute

The court found the defendant wished to offer replica rims to upgrade vehicles or purely for convenience reasons, which does not constitute permitted use of a design under Article 110(1) of Regulation 6/2002.

09 September 2022

IP owners and e-commerce platforms team up against counterfeiters in Southeast Asia

Participating platforms in new initiative are AliExpress, Carousell, Lazada, Tencent, TikTok and Tokopedia.

09 September 2022

US launches new effort with Europe to stop transshipment of illicit health products

The US Food and Drug Administration calls on industry as it expands 'whole of governments' campaign from the United Kingdom to the European Union.

08 September 2022

Samsung timed out by Swatch

The case shows that the Article 14 defence is unlikely to be available to any app store operators who are assisting in some way in the creation of apps by third parties or who are involved in the way those apps are sold and marketed.

08 September 2022

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