Work Area: Enforcement & litigation

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Supreme Court recognises need for legal certainty in assignment of IP rights

This decision of the Slovenian Supreme Court constitutes a crucial step towards legal certainty, clarifying the circumstances in which an assignment declaration or consent for transfer of an IP right will be considered valid.

19 November 2021

Enforcement tips from Starbucks; Mastercard recognised for bettering society; judges look to the future – INTA 2021 report

WTR offers more highlights, learnings and observations from the midway point of INTA's 2021 Annual Meeting.

18 November 2021

Highest-ever amount of damages awarded to New Balance in trademark infringement action

New Balance has been awarded Rmb18 million in damages in a trademark infringement action brought against a Chinese shoemaker - which is significantly higher than the maximum amount of statutory damages established by law.

18 November 2021

Frida Kahlo: portrait of a woman

In these opposition proceedings before the EUIPO, Mexican artist Frida Kahlo’s unique image was deemed - somewhat surprisingly - as simply representing a portrait of a woman.

18 November 2021

‘Banksy of trademarks’ retires: after numerous high-profile disputes, vows no more filings

In an exclusive interview with WTR, the ‘Banksy of trademarks’ reveals various legal settlements with major companies and public figures in recent years.

17 November 2021

Supreme Court rules on judges’ discretion to decrease amount of compensation for trademark infringement

Trademark owners may claim compensation for infringement under Article 1515 of the Russian Civil Code by choosing one of three methods of calculation. Although the outcome of claims based on option 1 is the least predictable, two recent rulings have shed some light of this issue.

17 November 2021

Board of Appeal annuls refusal to register position marks for taxi services

The Board of Appeal has annulled decisions of the Estonian Patent Office refusing to register position marks consisting of a black checkerboard device on a yellow oval background placed on the front door of a taxi car.

17 November 2021

General Court confirms likelihood of confusion between SYNDICATE marks

The General Court held that the consumers concerned would assume - or were liable to assume - that the mark RACING SYNDICATE was merely a special product line covered by the earlier mark SYNDICATE.

16 November 2021

Bad news for Deckers as court issues decision in UGG boots case

This decision of the Serbian Commercial Court illustrates the importance of registering designs in order to be able to claim infringement.

16 November 2021

Standing challenge brews trouble in trademark dispute

In this dispute between two beer brewing companies, the US Court of Appeals for the Federal Circuit has addressed for the first time Article III standing in a trademark case.

15 November 2021

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