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
GDPR: Changes to WHOIS and What Comes Next
On May 25, 2018, the European General Data Protection Regulation (“GDPR”)
went into effect. Although the GDPR has
many provisions that will impact the way all companies operate online and how
they protect the personal information of their customers and employees, the
GDPR will also have a significant impact on the information available online to
the general public about domain name registrants. More
European Union: Expansion of Exhaustion of Trademark Rights Principle
Schweppes v. Red Paralela and Others (case C-291/16, December 20, 2017)
Ownership Background
Prior to 1999, all the SCHWEPPES trademarks (“SCHWEPPES Marks”) registered
in the European Economic Area (“EEA”), including in the UK, were owned by
Cadbury Schweppes. More
European Union: Brexit Withdrawal Agreement Provides (Some) Clarity for Brand Owners
A draft agreement on the
withdrawal of the UK from the EU, announced in March 2018, states that until
the end of the transition period on December 31, 2020, there will be no
difference in the protection and enforcement in the UK of EU trademarks that
are registered on or before that date. More
China: Victoria’s Secret Could Not Show Identical Third-Party Applications Filed in Bad Faith
Victoria’s Secret Stores Brand Management Inc. V. Hui-Chuan Chiang, Beijing High Court (November 13, 2017)
While the Chinese
government has been updating its intellectual property laws to target bad-faith
trademark filings, in a recent matter before the Beijing High Court,More