Friday, 07 June 2024
Louis Vuitton successfully invalidates figurative sign based on reputed LV mark
The EUIPO’s Cancellation Division found that the relevant consumers were likely to establish a mental ‘link’ between the contested sign and the French fashion house’s earlier LV mark.
More descriptions accepted for addition into IPOS classification database for suggested goods and services
Brand owners are encouraged to consider specification items that may be of interest and make submissions to protect their rights.
Thursday, 06 June 2024
EUIPO Board of Appeal rules that Canada Goose mark is distinctive
The decision confirms that the quality of being “decorative” does not presuppose a lack of distinctiveness.
Advertisement Board: use of competitors' trademarks as keywords leads to unfair competition
The board imposed a suspension on advertisements in which a company's trade name or trademark is used as a keyword by competitors, on the ground that such advertisements are misleading to consumers.
Wednesday, 05 June 2024
Blow for Vans Inc as Delhi High Court holds that prior use trumps well-known marks
The recognition of a mark as well known does not give an automatic right to its owner to apply for rectification of other marks that have subsisted on the register for several years.
Competing interests: the UDRP is not a general domain name court
While there may be some conceptual overlap, trademark infringement and the abusive registration of domain names under the UDRP are not always the same thing.
Tuesday, 04 June 2024
EUIPO: ‘I love’ sign on t-shirt not registrable as position mark
The decision confirms that simple advertising messages or promotional references on the front of t-shirts are typically not registrable.
Tennis king Roger Federer defeated off the court
Tenro AG, a Swiss company established by former tennis champion Roger Federer, has failed in its opposition against the mark ROGER KING for golf equipment.
Monday, 03 June 2024
Good news for Skechers on appeal as EUIPO allows mark consisting of stick figure behind general prohibition sign
The Board of Appeal found that the mark, filed by US footwear company Skechers, did not depict the goods for which protection was sought.
Madras High Court: pharmaceutical marks require lesser degree of confusion
The burden of proving trademark infringement is lighter in cases involving medicinal drugs - especially Schedule-H drugs, which can be sold only by medical prescription.
Friday, 31 May 2024
Supreme Court clarifies ‘knowledge’ requisite to establish accessory liability
The decision makes it easier for directors to escape personal liability from trademark infringement committed through companies by arguing a lack of knowledge.
Protecting the shape of products: lessons from two recent cases
Two recent decisions show that copyright is not the most effective means to protect the shape of mass-produced products sold in Canada.
Thursday, 30 May 2024
General Court confirms refusal of invalidity application under Article 59(1)(b), despite existence of earlier identical mark
The knowledge of the existence of a prior mark is only one of the factors to be taken into consideration and is not sufficient, on its own, to establish that there was bad faith.
Good news for Pfizer as Delhi High Court restrains use of VIGOURA
The court found that the defendants’ use of the mark VIGOURA in relation to homeopathic medicine amounted to infringement and passing off of Pfizer’s registered mark VIAGRA.
Wednesday, 29 May 2024
ZARA owner unsuccessful in opposition against LAZARA
INDITEX, one of the world’s largest fashion retailers and owner of the brand ZARA, has failed to prevent the registration of the mark LAZARA for clothing.
General Court interprets several general principles of EU law in opposition proceedings
The applicant’s right to be heard had not been infringed since, in particular, he had been able to make his views known before the Board of Appeal before the adoption of its decision.
Tuesday, 28 May 2024
EUIPO refuses position mark for footwear
The decision, which involved a mark consisting of a band with a knot, ribbons and metal pendants, applied to the upper part of a shoe, provides guiding principles on the registrability of position marks.
High Court upholds sanctity of trademark assignment agreement
In this dispute over use of the ENERZY mark for an energy powder, the court had to interpret an agreement entered into by the parties in relation to the transfer of various trademarks upon payment of the agreed consideration.
Friday, 24 May 2024
The Gillette Company LLC’s iconic razor registered as a 3D mark
The Gillette Company LLC has obtained the registration of its ‘Prestobarba’ razor as a 3D trademark in Class 8, despite an appeal filed by a third party following the DNPI’s initial favourable decision.
New decree on sanctions for administrative violations in industrial property field - what you need to know
Decree 46/2024/ND-CP seeks to clarify certain ambiguities and address practical challenges faced by IP rights holders and enforcement authorities in the past.
Unlock unlimited access to all WTR content