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
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
(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
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
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
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
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
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
Afghanistan acceded to
the Madrid Protocol on March 26, 2018.
The Protocol will enter into force with respect to Afghanistan on June
26, 2018. Afghanistan will be the 101st
member of the Madrid System. See more at
www.wipo.int.More
Nikola Corp. v. Tesla Inc. 2:18-cv-01344-GMS (D. Ariz. filed May 1, 2018)
The recently filed lawsuit by Nikola Corp. against
Tesla, Inc. over semi-truck designs illustrates various enforcement issues
regarding design patents, and also provides insights into how multiple design
patents can be used to proceed against a single infringing design by claiming
sub-elements.More