cosmetic trademarks, Distinctiveness, Exhaustion of rights, Grey online sales, India, Infringement, INTA

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The Delhi High Court recently in the case of Coty Germany GmBH v. Xeryus Retail Private Limited (CS(COMM) 1298/2018 & I.A. 8603/2023) permanently restrained two websites, namely  perfumery.co.in and unboxed.in, from selling perfume tester bottles bearing the “Calvin Klein” or “cK” trademarks and imposed INR 1,00,000 (approx. USD 1,200) to be paid to Coty Germany GmBH…

Interview, Legislation

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With the implementation of a new trade mark law in Trinidad and Tobago filing has become easier, but there are still challenges to overcome. “While Trinidad and Tobago has a strong and efficient IP system, it is significantly under-utilized.” says Terita Kalloo from Terita Kalloo Law. She has over 10 years experience in Trinidad and…

Case law, National law, News, Registrability, Trademark, Ukraine

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Using country names as trademarks poses unique challenges, often conflicting with public order. Some countries worldwide have specific provisions in their national legislation for registering country names or letter codes of states as trademarks. The Paris Convention for the Protection of Industrial Property as of 1883 safeguards state symbols from unauthorized registration and use as…

Appeal, Brexit, CJEU, EU trade mark law

, (Bugnion S.p.A)/ /1 Comment

Since the introduction on 2019 of the filtering mechanism according to which the CJEU has to decide whether or not allow an appeal to proceed in cases that have already been considered twice (such as by the EUIPO’s Board of Appeal and by the General Court), only few appeals have been considered treating issues that…

Legislation

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The CMA and CAP have taken measures to address concerns with the legal framework around affiliate marketing by issuing new guidance directed at influencers. This article will briefly explain the previous regulations and then compare them to the new guidance of March 2023. This article will then attempt to determine if this new guidance has…

Case law, cosmetic trademarks, Germany, Infringement, Infringement action, National law, Trademark

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  In a decision of this year, the District Court of Hamburg confirmed that an online-magazine article about so-called perfume dupes being “smell alikes” of well-known perfumes amounted to trademark infringement (decision of 26 January in Case 327 O 130/22). The claimants were exclusive licensees of several well-known trademarks for perfume for the territory of…