Work Area: Enforcement & litigation

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Defensive trademarks: a powerful and underutilised tool to protect well-known brands

Australia allows defensive trademarks. However, the small number of currently registered defensive marks (around 0.04% of the total number of registered marks) indicates that this system remains underused by Australian and international brands.

24 August 2022

Disney prevails in Evel Knievel case; USPTO seeks volunteers; Miniso apologises for Japanese branding – news digest

In our latest round-up, we look at Indian law enforcement being notified of counterfeiters in Srinagar, how 85% of Chinese consumers pay attention to genuine trademarks, and much more.

23 August 2022

Is LEGALTECH DENMARK an infringement of LEGALTECH?

A recent case demonstrates the complicated practice surrounding the scope of protection of company names, trademarks and business identifiers. Even though the mark LEGALTECH was considered descriptive of a wide range of services, and not used commercially, it was still found to be protected against very similar company names.

23 August 2022

For the first time, Federal Court considers statutory bad faith as grounds for expungement of a trademark

A trademark has been invalidated after restaurant owners opening locations in Canada ― who refused to purchase the mark for CAD $1.5 million from the registrant ― bring legal action.

22 August 2022

All bets are off: EUIPO holds that Lottoland’s Powerball TM was filed in bad faith

The Cancellation Division observed that Lottoland had attempted to monopolise the use of Powerball within the European Union and to prevent its competitors from using or referring to Powerball, both of which demonstrated evidence of bad faith.

18 August 2022

Cadbury Gems v James Bond in Delhi High Court

The court ruled in favour of the plaintiff and ordered the defendant to pay damages, on the basis that there is an immense likelihood of confusion by virtue of the resemblance in product packaging, phonetic similarity of the marks and identical target consumers of the products.

17 August 2022

Singapore trademark rise; USPTO adds executives to leadership team; La Liga giants seek crypto mark – news digest

In our latest round-up, we look at Authentic Brands Group preparing a takeover of luxury brand Ted Baker, Hong Kong Customs seizing counterfeit luxury goods, and much more.

16 August 2022

Tableware designer gets heavenly results on its pearly plates

In this copyright and trade dress dispute between rival tableware companies, the US Court of Appeals for the Fifth Circuit has reversed a district court decision finding that the plaintiff had not established that its unregistered trade dress had acquired secondary meaning.

16 August 2022

Treasury Wine Estates triumphs over Chinese copycat in enforcement masterclass

A Supreme Court win for Penfolds wine provides practical takeaways for foreign brands battling copycat infringement in China.

15 August 2022

In the battle of the supermarkets, Tesco’s bad-faith allegations are deemed groundless, whilst Lidl’s survey evidence is deemed typically cost-effective

The case serves as a warning to future litigants considering running bad-faith invalidity arguments that rebutting the presumption of good-faith filing is a significant hurdle to get over.

15 August 2022

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