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
United States District Court For The State Of Arizona: Design Patent Lessons from the $2B Lawsuit Against Tesla Truck Designs
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
Fourth Circuit Court of Appeals: Foreign Owner Without Use or Registration in United States May Bring Unfair Competition, False Advertising, and Cancellation Actions
Second Circuit Court of Appeals: Copyright Fair Use – “Transformative” Revisited: Has The Second Circuit Gone Too Far?
Fox News Network, LLC v. TVEyes, Inc., 883 F.3d 169 (2d Cir. 2018)
In the United States, federal Courts of Appeals’ decisions are rendered by three judge panels unless a panel decision is reviewed and decided en banc,More
WIPO: Eleventh Edition of Nice Classification
India: Supreme Court Applies Territoriality Principle and Eviscerates Toyota’s Prius Victory
Toyota Jidosha Kabushiki Kaisha v. M/S Prius Auto Industries Ltd. & Ors, CS (OS) No. 2490 of 2009, Civil Appeal Nos. 5375-5377 of 2017
In a major upset to Toyota Jidosha Kabushiki Kaisha (“Toyota”), the Supreme Court of Delhi has tightened the standard for enforcing a reputed mark in India,More
European Union: Mark on Which Opposition Based Cannot be Challenged on Ground of Bad Faith
Aldi GmbH & Co KG v. European Union Intellectual Property Office (EUIPO); SKY plc Intervenor (Judgment of the General Court (Fifth Chamber) October 19, 2017 (Case T-736/15))
In 2013, Aldi GmbH & Co KG (“Aldi”) applied to register the mark SKYLITE,More
European Union: EJC’s Coty Decision is a Win for Luxury Brands
Coty Germany GmbH v. Parfumerie Akzente GmbH, European Court of Justice, Case No. C-230/16 (December 6, 2017).
In a recent and anticipated decision issued by the European Court of Justice (the “ECJ” or “the Court”), the Court held that luxury brand owners can,More
China: Unfair Competition Law Amended
Amendments to China’s Unfair Competition Law came into effect on January 1, 2018. These were the first amendments since the law was introduced in 1993. Salient features of the amended law include the following:
- Product name and trade dress (defined as packaging and decoration):
Australia: New South Wales Supreme Court Issues Worldwide Injuction V. Twitter
X v. Twitter Inc [2017] NSWSC 1300
In a decision which has received considerable local commentary in Australia, the equity division of the New South Wales Supreme Court has granted a worldwide injunction against Twitter (namely Twitter Inc., the U.S. company,More