Sector: Food and Beverage

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MANUKA DOCTOR and MANUKA PHARM trademarks – health claim, therapeutic claim or marketing puffery?

A recent case provides an interesting look at the foods standards regulations and how they apply to trademarks in the context of claiming health benefits of certain foods.

14 March 2016

IP High Court rejects non-use cancellation action for EUROPEAN mark

The IP High Court has upheld the Japan Patent Office trial decision that rejected the non-use cancellation action sought against the registration for the trademark EUROPEAN (in Japanese katakana) with respect to the designated goods "coffee and cocoa, coffee beans" in Class 30.

07 March 2016

HAVANA CLUB dispute reignites

01 March 2016

Nestlé vows to battle on after latest Kit Kat blow in the High Court

01 March 2016

‘Chaitime’ is not descriptive, holds Bombay High Court

The Bombay High Court has granted an injunction restraining Girnar Food and Beverages Pvt Ltd from using MY CHAI MY TIME in a suit for infringement filed by Sapat International Pvt Ltd (SIPL) on the basis of its registration for CHAITIME.

29 February 2016

General Court expands defendants’ possibilities in Community trademark appeals

A recent General Court decision confirms the broad powers granted defendants in Community trademark appeals under Article 8(3) of Regulation 216/96, rather than the more restrictive rules of Article 60 of the Community Trademark Regulation. It also confirms that weak mark elements should not be given much weight in opposition proceedings.

26 February 2016

An aggressively claimed first use date dooms application

In the recent <i>Constellation Brands Québec Inc v Sociedad Vinícola Miguel Torres SA</i> (2016 TMOB 4) decision, the Trademarks Opposition Board suggested that marks appearing on goods shipped into Canada cannot be said to be used until the goods have actually arrived in the country.

25 February 2016

General Court delivers bottle blow to Coca-Cola

The General Court has ruled that the shape of Coca-Cola’s ‘contour bottle without fluting’ is devoid of distinctive character and does not qualify for registration as a Community trademark. One industry expert told <i>World Trademark Review</i> that the decision highlights the particular challenges facing those seeking to protect containers and packaging as trademarks.

24 February 2016

General Court dismisses likelihood of confusion appeal

In a judgment issued on February 2 2016, the General Court (Second Chamber) dismissed an appeal filed by Antica Azienda and upheld the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market confirming that Community Trademark 10599033, ILLIRIA, (figurative) could not be registered due to likelihood of confusion with earlier Community Trademark 8299653, CASTILLO DE LIRIA (word).

22 February 2016

Brewing up a legitimate interest

In a recent decision under the Uniform Domain Name Dispute Resolution Policy before the World Intellectual Property Organisation, a panel denied the transfer of a domain name as a result of the respondent's <i>bona fide</i> offering of goods or services.

15 February 2016

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