While trademark protection is most commonly associated with source identifiers such as individual words, logos, slogans, and a combination of these elements, trademark protection in the United States can also extend to colors, sounds, smells, and other non-traditional source identifiers. Brands appeal to consumers in varied ways,More
United Kingdom: Brand Owners Must Pay Costs for Website Blocking Orders
Cartier Int’l AG v. British Telecom Plc, [2018] UKSC 28.
Three Richemont maisons, including Cartier, recently sued five of the largest internet service providers (ISPs) in the United Kingdom. At issue was who is responsible for paying an ISP’s costs for implementing a blocking order issued by a court to protect Richemont’s trademarks. More
Mexico: New Declaration Of Use Requirement
Further to our recent report on the amendments to the Mexican Industrial Property law here, Declarations of Actual and Effective Use will be required as of August 10, 2018 for registered marks. The Declarations must be filed within three months of the third anniversary of the grant of registration.More
Laos: New Intellectual Property Law
A new Intellectual Property law came into effect in Laos on June 9, 2018 (Law on Intellectual Property No. 30/NA, published in the Lao Official Gazette on May 25, 2018). The law replaces the prior law of December 2011. The principal new features of the law are:More
South Korea: Amendments to Unfair Competition and Trademark Law Protect Trade Dress and Ideas
On April 17, 2018, the National Assembly of Korea amended the Unfair Competition Prevention and Trade Secret Protection Act (“UCPTA”) to allow for the protection of trade dress and ideas, and revised the Trademark Act (“TMA”) to broaden the scope of who may file applications for registration of collective marks with geographical indications.More
European Union: Louboutin Red Sole Victory
Christian Louboutin v. Van Haren Schoenen B.V., Court of Justice of the European Union, No. C-163/16 (June 12, 2018).
Christian Louboutin was once again victorious in an effort to enforce international trademark rights in his famous red sole. In its June decision,More
China: Dior Win in Long-Running Battle Over 3D Trademark For J’ADORE Bottle
Parfums Christian Dior v. China Trademark Review and Adjudication Board, Supreme People’s Court 2018
On World Intellectual Property Day 2018, the Supreme People’s Court (the “SPC”) reheard the administrative dispute concerning the Chinese Trademark Office’s (the “CTMO”) refusal to register a three-dimensional (“3D”) trademark for Dior’s J’ADORE perfume bottle. More
China: High Court Considers Scope Of Merchandising Rights In Another Kung Fu Panda Decision
DreamWorks Animation LLC v Trademark Review and Adjudication Board (2017 Jing Xing Zhong No 3858)
As we reported on June 5, 2017, Chinese case law and related guidance from China’s highest court in recent years have recognized “merchandising rights,” extending trademark-like protection to artistic works and their titles even in the absence of specific registered trademark coverage.More
Turkey: Addition of House Mark Does Not Eliminate Likelihood of Confusion
(HGK., E. 2017/73 K. 2017/1048 T., May 31, 2017)
A decision last year
from the highest body within the Turkish Court of Appeal system held that the
addition of a house mark does not mitigate likelihood of confusion.
The conflict began when
a major Turkish food and beverage company called Tamek Gida ve Konsantre
(translation:More
Mexico: Amendments to Industrial Property Law – Trademarks
On May 18, 2018 a Decree amending certain articles of the present Industrial Property Law and introducing new trademark provisions was published in the Official Federation Gazette in Mexico. The Decree will be in force as of August 10, 2018, and we anticipate that the Mexican Institute of Industrial Property (IMPI) will publish regulations in advance of the August 10th date that will clarify the scope of the amendments and new provisions.More