The third instalment in our series highlighting Legal Updates you may have missed asks what we can learn from recent trademark defeats for Kurt Geiger, Hermès, Timberland and Vans.
In our latest round-up, we look at Panama Customs seizing around $83,000 worth of fake adidas and Louis Vuitton products, Elon Musk failing to dismiss X Social Media's infringement suit, and much more.
The second instalment in our series highlighting Legal Updates you may have missed explores recent successes for Canada Goose, Hermès, Lacoste and Skechers.
The judgment in <i>Rolex SA v Dragica Poric</i> is significant because it marks the first time that a Slovenian court has ruled that online purchases on a foreign website which are imported into Slovenia constitute infringement.
14 January 2016
In <I>Shoe Branding Europe BVBA v OHIM</I>, the General Court has upheld a decision of the Fifth Board of Appeal of OHIM refusing to register a position mark consisting of “two parallel slanted stripes of equal width positioned on the lower part of panel pants”. Among other things, the court found that the evidence was insufficient to establish that the average consumer would regard the sign as an indication of the origin of the goods and not as a mere decoration.
11 January 2016
In <I>K-Swiss Inc v OHIM</I>, the General Court has upheld a decision of the OHIM Second Board of Appeal refusing K-Swiss’s application for the registration of a figurative mark representing parallel stripes on a shoe. Among other things, the court held that the distinctive value of such signs may be explained less by their positioning on the product than by the intensive use which has been made of them on the market.
08 January 2016
In a recent decision under the UDRP, a WIPO panel has denied the transfer of a domain name consisting of a personal name for failure to prove common law or unregistered trademark rights in the name. This decision highlights how complainants who wish to recover a domain name consisting of their personal name but who do not have a registered trademark will generally face difficulties under the UDRP.
06 January 2016
In a case involving two rival clothing companies, the Tokyo District Court has held that the defendant's sale of ladies' apparel with a similar configuration as that of the plaintiff constituted an act of unfair competition under Article 2(1)(3) of the Unfair Competition Prevention Law. The court ordered the defendant to pay compensation to the plaintiff under Article 4, but refused to order the defendant to advertise an apology under Article 14.
04 January 2016
China’s luxury goods market is slowing as a result of anti-corruption measures and shifting consumer preferences. But what do these changing dynamics mean for brand strategies and enforcement trends?
01 January 2016
While selective distribution can be an excellent option for luxury brand owners, allowing them to control how their products are sold within a certain territory, there are potential clashes with competition law, particularly within the European Union
01 January 2016
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