Intellectual property law is designed to confer exclusive protections to intangible assets, to be used in compliance with honest commercial practices. In the absence of a statutory definition of what constitutes bad faith, a body of case law has been necessary to illuminate the threshold of behavioural demerit sufficient to disqualify owners from the benefits…
Recently we published an article regarding the decision from the Danish Maritime and Commercial Court on blocking of domain names and websites containing trademark infringing material in the matter between Skechers U.S.A., Inc. II (Skechers) and HI3G DENMARK ApS (HI3G) and others (being telecommunications and internet access providers). Read the article here. As written in…
A preliminary injunction did not vacate an earlier arbitration award in a long-running dispute over the trademarked family name. In a dispute between real estate businesses over the name “Singh” and “Singh Michigan” in connection with real estate services, the U.S. Court of Appeals in Cincinnati has denied an appeal to block a preliminary injunction…
End of January 2022 the Industrial Property Act 2019 came into force in Mauritius. The new IP legislation modernises the law, which now also provides for some international agreements. Kluwer IP Law interviewed Marius Schneider, who heads IPvocate Africa, and Nora Ho Tu Nam, a Senior Associate at the same boutique law firm: “We foresee…
On 2 June 2022, the Danish Maritime and Commercial High Court (the Court) issued a decision (BS 6088/2022 SHR) between Skechers U.S.A., Inc. II (Skechers) and HI3G DENMARK ApS (HI3G) and others regarding blocking of domain names. Skechers operates in the business of selling shoes and sports products and the company has registered word and…
In two parallel decisions of 19 October 2022, the General Court confirmed the cancellation of the figurative “Lío” marks as shown above registered in the name of a German individual (let’s call him B) on grounds of bad faith (T‑466/21 and T‑467/21), confirming the EUIPO Fifth Board of Appeal on all points. The facts…
In Germany and specifically in Bavaria, a non-alcoholic mix drink with the ingredients Cola and Orange soda has reached cult status and may be recognized as one of the most popular non-alcoholic drinks. Among consumers this Cola and Orange mix drink is well-known as “Spezi”. One significant manufacturer and distributer of “Spezi” is the brewery…
On 13 October 2022 the Court of Justice (CJ) issued a preliminary ruling on corrective measures under the Enforcement Directive 2004/48. In this case (Case C-355/21), Procter & Gamble filed a trademark infringement claim against the Polish company perfumesco.pl. Procter & Gamble produced the perfume under the exclusive licence of the HUGO BOSS word-trademark. In…
The ongoing dispute, originally instigated by Nestlé, surrounding Cadbury’s trade mark applications for the colour purple has recommenced. Mr Justice Meade of the High Court recently handed down judgment in Société des Produits Nestlé S.A. v Cadbury UK Limited [2022] EWHC 1671 (Ch). Meade J decided in Cadbury’s favour on two counts, allowing the registration…
The long running dispute between Sky and SkyKick is not due to end any time soon. SkyKick has been granted permission to appeal the 2021 decision of the Court of Appeal to the Supreme Court. The Supreme Court’s findings are expected to provide important guidance for brand owners regarding whether broad scope trade mark specifications…
