The German Federal Supreme recently ruled that the use of only one trademark in search engine advertisements by Amazon was trademark infringing when the underlying link led to a list of offers that included not only products offered under that brand but also those of third parties (Decision of the Federal Supreme Court of 25…

District court correctly held that trademark owner failed to raise genuine factual issue as to secondary meaning of the asserted mark. A federal district court correctly found that a non-profit corporation that promotes and helps run the annual Fiestas de le Calle San Sebastian festival in San Juan, Puerto Rico lacked evidence to sustain its…

The Uruguayan Criminal Court of First Instance Specialized in Organized Crime has ordered internet service providers (ISPs) to block websites that retransmit sporting events illegally, thereby infringing the copyright to this content (Fox International Channels v. Puerto 80 Projects SLU). This is an important judicial precedent in Uruguay where no such blocking order had been…

In 2018 Argentina unexpectedly amended the Trademark Law for the first time since 1981. The changes are promising as the Argentine government aimed to expedite proceedings and empower the Patent and Trademark Office (the “PTO”). However, it has been a bumpy ride so far, so this is what you need to know about the changes…

On 12 June 2015, four Montevideo stores were detected selling perfumes that used trademarks and imitated the general appearance of trademarked products without authorization. The perfumes were: “HUGO BOOS, LOCASTE, SPORT HILFIGER, STORY OF FLOWER, POISON, CHANGL, ANGEL OU DEMON, J`ADOTE, J`ABEA”, and inside the stores posters advertised “COCO CHANEL PERFUMES and FLOWER KENZO”. In…

In a recent decision[1] the Calcutta High Court (“Court”) upheld the use of the word ‘Darjeeling’ for the 5-star hotel lounge operated by ITC Limited (“ITC”). The ‘Darjeeling lounge’ was introduced by ITC in January 2003. The plaintiff Tea Board, a state agency established to promote cultivation and trade of tea, held registrations for ‘Darjeeling’…

The Polish Constitutional Tribunal issued a long-awaited judgment in December 2018 regarding a claim for information under the Polish Industrial Property Act (case no. SK 19/16). It ruled that a trademark owner cannot claim for information against an auction portal to disclose information about entities selling goods and about the quantity and prices paid for…

Earlier this year, the Civil Court of Santiago[1] ruled in favour of Catalina Abbott, a famous Chilean artist, issuing a historic judgment in relation to the protection of her moral and economic rights as an author. The ruling established that the conduct of a local vineyard regarding one of Abbott’s works caused moral and economic…

As reported earlier by this blog, there is a discussion in Germany whether an infringer who has received an injunction has to actively recall the products. And the German recall-saga continues, as the Higher Regional Court (OLG) of Düsseldorf has just recently decided in an unfair competition matter that the obligation to cease and desist…

Kroma Makeup EU, LLC, a trademark licensee, lacked standing to assert trademark infringement claims against the Kardashian sisters and a U.S. beauty product seller, according to the U.S. Court of Appeals in Atlanta. Following a suit filed by the owner of the KROMA mark against the Kardashians and a beauty product manufacturer for infringement, Kroma…