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…

On October 17, 2018 Canada legalized recreational cannabis, offering opportunities and challenges for businesses in this emerging field. Even before legalization, there was a notable increase in Canadian trademark filings covering cannabis products, services and related accessories. Unfortunately, many of these mark may never be legally used in Canada due to restrictions on brand use,…

I. Facts The Italian fashion house Furla SpA has obtained a recent victory in an opposition in China against a local competitor. Furla SpA was opposing the Chinese trademark  “芙拉帝诺”(FU LA DI NUO) in class 25. The characters “芙拉” (FU LA), are used by Chinese consumers when referring to “FURLA”. Regrettably, the client had not secured this Chinese name through a trademark registration…

When VIPs hit the headlines with issues relating to trademark law, IP attorneys rejoice in providing know-how at social gatherings. This happened to the author with the recent news of a  conflict between the well-known Irish MMA fighter Connor McGregor and the Dutch based fashion brand McGregor over – what else – the use of…

The debate about the traditional terms, such as “torta”, has occupied Spanish case law for a long time and now the saga continues on an EU level. The main discussion is about whether the expression “torta” can be classified as a Traditional Designation. Background: The Regulatory Body for the Protected Designation of Origin of Queso…

The Paris Court of Appeal ruled that the French figurative trademark owned by Mr. Christian Louboutin and designating “high‑heeled shoes (except orthopedic footwear)” in Class 25, reproduced above, is valid (Paris Court of Appeal, 15 May 2018, No. 17/07124). The trademark is described as follows: “The trademark consists of the color red (Pantone 18.1663TP) applied to the…

Several famous paintings – including ‘Mona Lisa’ by Leonardo da Vinci, ‘Liberty Leading the People’ by Eugène Delacroix, ‘Luncheon of the Boating Party’ by Auguste Renoir and significant Danish paintings – were accepted for registration in 2005 and 2014 by the Danish Patent and Trademark Office (DKPTO). Is it reasonable to obtain trademark registration of…

The Federal Administrative Court finds that APPLE cannot be protected as a trade mark for jewelry (cl. 14) and electronical toys including computer games (cl. 28). The Court says that the shape of an apple is of common use and understood as a reference to a feature of those products. The Institute for Intellectual Property…

  On 25 July 2018 (C-129/17), the CJEU decided that de-branding and rebranding of goods prior to any trade within the EEA without the trademark proprietor’s consent constituted ‘use in the course of trade’ of the originally affixed trademark and could, therefore, be prohibited by the proprietor of that mark. The judgment broadens the concept…

On the 21 March 2018 the Danish Board of Appeal (“The Board”) delivered its decision regarding the trademark protection of the shape of the following potato snack (decision no. AN 2017 00006): The snack originates from the famous snack brand Kims which is owned by Orkla Confectionary & Snack Danmark A/S (“Orkla”). In the decision…