Actions which impinge upon the monopoly granted by an Intellectual Property right are considered infringements.
The UK Court of Appeal’s (Criminal Division) (CoA) judgment in R v C & Ors [2016] EWCA Crim 1617 provides a positive result for brand owners tackling the thorny issue of grey goods. Here, the CoA held that selling grey goods can constitute a criminal offence under s.92 of the Trade Marks Act 1994 (TMA)….
In a decision dated 21 September, 2016 the Danish Maritime and Commercial High Court decided that use of the name ‘Graceland Randers’ is an infringement of the reputed trademark ‘Graceland’ owned by GL SPE LLC, the official owner of the Elvis Presley trademarks. Graceland Randers Graceland Memphis http://memphismansion.dk/museum/) https://dk.pinterest.com/ The company owned by Henrik…
The Czech Supreme Court has recently confirmed that it is an act of unfair competition to file a take-down notice to a social media network claiming intellectual property infringement while omitting further relevant information. The court ordered the defendant to make a submission to the social media network withdrawing the take-down notice and to pay…
On 15 July 2016 the PI judge in the District Court in The Hague, the Netherlands, rendered a decision in a banana case between competitors Chiquita and Fyffes International about a recently introduced new brand of Chiquita. The decision confirmed that descriptive elements cannot automatically be disregarded if these elements form a conceptual whole with…
The Administrative Instruction (AI) No. 08/2016, effective as of July 4, 2016 in Kosovo, relates to the accelerated examination of trademark applications, which is available if there has been an alleged infringement of trademark rights. When requesting such examination, the applicant must indicate the trademark filing details and submit: • Copy of the trademark application…
