The UKIPO is one of the Tribunals that has the power to grant costs awards against the losing party. And whilst they are usually more significant than the specific amounts granted by the EUIPO, they are usually awarded according to a published ‘scale’. This scale is almost always followed, but not always! The general practice on…
The federal district court in Charlotte, North Carolina, did not err in finding thatGrayson O Company’s registered mark “F 450” for a line of hair care products was not infringed by Agadir International’s hair care products sold under the mark HAIR SHIELD 450°, the U.S. Court of Appeals in Richmond, Virginia, has held. despite the…
Following the announcement of a general election in the UK, you would be forgiven for assuming that we Brits really enjoy voting. Perhaps due to the likelihood of queues, the celebration of modern democracy or even just the miniature pencils. This present vote has been met with delight, despair and of course, classic British ambivalence. …
Two months ago I reported about the Draft of a new Trademark Act (Markenrechtsmodernisierungsgesetz) which was supposed to enter into force before the election for the next German Bundestag. Some of the relevant German associations commented in detail on the draft and proposed some well-grounded changes – i.e. the Markenverband, the GRUR, and the Bundesverband Deutscher…
The federal district court in Bowling Green, Kentucky, correctly held that a horse-race gambling platform (the “System”) developed by defendant Exacta Systems and used by defendant Kentucky Downs at its horse–racing track, did not infringe the trademarks owned by several plaintiff owners of horse-racing tracks when it displayed information, including the names of the plaintiffs’…
In a recent case, the Swedish Supreme Court clarified the calculation of damages awarded to a defendant based on a claim of loss of profit due to a preliminary injunction in an unsuccessful infringement case. The court held that the claimant has a strict liability for such damages and that the defendant does not have…
Can a scooter enjoy, contemporaneously, protection as a three-dimensional trademark (hereinafter 3D mark) and under copyright law? Apparently it can, at least according to the Court of Turin, which recently said so, with its decision no. 1900/2017 dating March 17, 2017. The case was started when Piaggio, maker of the scooter Vespa, asserted rights arising…
The recent Intellectual Property Enterprise Court (IPEC) decision of Azumi v Zuma’s Choice Pet Products & Ors touches upon a Smörgåsbord of issues, including a discussion around the size of Azumi’s market share, the interplay of pet food and restaurants, the joint liability of a director, a dog claiming an own name defence, legal threats…
Initially, I thought that this would not be a topic for this trademark-specific blog but, having read a very interesting and inspiring post of my Chinese colleagues on specialized intellectual property courts in China, I changed my mind and decided to share with the Readers also some Poland-related updates… Following a meeting held on December…
1. Background In June 2008, China announced the Outline of National IP Strategy (“IP Strategy”), which set up a roadmap for China to become a country of high level of IP creation, utilization and protection by 2020. As a key part of the IP Strategy, China committed to carry out a number of judicial reforms…
