Work Area: Enforcement & litigation

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Nirvana and Marc Jacobs settle dispute; GSK obtains restraining order; HP barred from using WEX – news digest

In our latest round-up, we look at the US Fifth Circuit ordering a retrial of Gibson vs Dean Guitars, Skims topping a list of the most popular celebrity clothing brands, and much more.

12 July 2024

THOR cancellation highlights limits of non-substantial variations of use 

The Administrative Court of Appeals has cancelled a combined mark, highlighting the extent to which variations in use will continue to constitute use of the registered mark, and where variations become too substantial to maintain protection.

12 July 2024

BASMATI bombs in New Zealand

The IP Office of New Zealand has upheld the decision to reject the Indian Government's application to register BASMATI as a certification mark.

12 July 2024

MuleBuy emerges as leading Chinese shopping agent after Pandabuy raid and Hoobuy complaints

Weeks after a massive raid at Pandabuy warehouses in China, new Chinese shopping agents are looking to become the go-to place for sending counterfeit goods.

11 July 2024

Legal Updates you may have missed: when rights holders can’t pin down position marks

We kick off our latest series highlighting Legal Updates you may have missed by examining the lessons learned from unsuccessful attempts to register non-traditional position marks.

11 July 2024

Delhi High Court permits refurbishment of end-of-life hard drives, but with disclaimers and manufacturer’s mark

The Delhi High Court has permitted a number of defendants to sell refurbished end-of-life hard disk drives provided that they comply with certain directions.

11 July 2024

DC Circuit decision brings copyright infringement exemptions before the courts

Copyright owners will be able to challenge DMCA exemptions, although overturning them will still be difficult, says expert.

10 July 2024

Domain dispute data shows trademark owners successfully challenging registrations through SACI

Data on domain name disputes in Brazil suggest that rights holders may be more successful filing UDRP proceedings under the Administrative System for Internet Conflicts; however, evidencing bad faith can be difficult.

10 July 2024

Supreme Court confirms commercialisation of products incorporating applied plastic creations without authorisation may constitute IP crime under Criminal Code 

The Criminal Chamber of the Supreme Court has re-established the validity of a first-instance judgment that held the unauthorised commercialisation of registered artistic prints on third-party handbags constituted IP infringement under the Criminal Code.

10 July 2024

Argentina court grants high proportion of damages to Converse licencee

The National Chamber of Appeals has awarded a licensee, which was authorised to enforce Converse marks in its own name, damages worth 30% of the sales generated from the infringing goods.

09 July 2024

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