The issue of whether domain registrars shall be liable for online infringements has been actively debated in Russia for the recent 3 years. Starting from a remarkable MMK vs. REG.RU case (А40-52455/2015), where the IP Court refused to apply the regime of information intermediaries. After several futile attempts, the IP Court’s recent decision in Azbuka…

A string of recent UK IPO decisions indicates that the Tribunal is willing to take a holistic and pragmatic view to an alleged bad faith filing. Many readers will be familiar with Michael Gleissner, the infamous modern day trade mark troll. Gleissner’s conduct has been scrutinised in a plethora of trade mark and domain name…

Spain is obtaining the questionable reputation for protecting terms that are completely descriptive in other major languages as trademarks. MATRATZEN is one (in)famous example, DONUT is another. However, the term AFTERSUN, commonly applied to skin care to be used after sun bathing, has now been rescued from the trademark monopoly. Laboratorios Genesse (now: AC Marca…

In a recent decision (Cartier International AGand others (Respondents) v British Telecommunications Plc and another(Appellants) [2018] UKSC 28), the UK Supreme Court has ruled that brand owners must pay Internet Service Providers’ (ISPs) costs for implementing website blocking injunctions. This is a reversal of the previous Court of Appeal decision, and whilst these blocking orders…

In a recent statement, the European Commission has confirmed that institutions and individuals based in the UK will no longer be able to register domains using the .eu TLD, as of the UK’s withdrawal date from the EU (which currently stands at 29th March 2019*). For those institutions or individuals who currently own such a…

In Germany, an opposition against a German trade mark can be based not only on a trade mark but also on a company name or trade name. In brief, under German law, a company name is the official name or designation of a trader or an undertaking including a catch word, for example “Mc Donald’s…

The first-ever ADR domain name proceedings took place in Slovakia since introduction of the procedure in September 2017. The case involved a dispute over the domain name <vogue.sk>. The complainant – publishing company Les Publications Conde Nast S.A. as the owner of the VOGUE trademarks sought the transfer of the disputed domain name against the…

On the 24th of August, 2017, the Indian Supreme Court handed down an important decision concerning image and personality rights. In fact, it deemed the right to privacy as a fundamental right. It has, however, left some important questions open, in particular, the definition of personality rights giving rise to such right to privacy. Personality…