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…
The Spanish Supreme Court has concluded that it is not appropriate to waive the Court jurisdiction from the defendant’s domicile (in this case Italy), which had ruled against the claimant, by creating a link with another entity that it is domicile in another European country (in this case Spain), when that connection is not sufficiently…
In the affordable luxury segment one finds the highest growth rate within the Class 14-goods at the moment. As a result we see a lot of new starts-ups in this business – one of them trying to stand out by riding on the coat-tails of the market leader in the affordable luxury segment: Pandora A/S….
A federal district court in Los Angeles erred in concluding that Solid 21’s registered word mark RED GOLD was invalid because the mark was a generic term for jewelry items that were made of red gold, the U.S. Court of Appeals in San Francisco has decided. The lower court erred in excluding testimony from Solid…
It is one of the quirks of the EUTM system that while rights can be granted and challenged centrally at the EUIPO, they can only be enforced through the national courts of EU member states. And whilst Scotland is not (yet) an independent nation, or a member state of the EU, it possesses its own…
The Trademark Trial and Appeal Board did not err in refusing to register the mark EMPORIUM ARCADE BAR and Design, absent a disclaimer of the word “EMPORIUM,” in addition to the disclaimed term “ARCADE BAR,” the U.S. Court of Appeals for the Federal Circuit has determined. Substantial evidence supported the Board’s finding that EMPORIUM was…
