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
Argentina: Industrial Property Laws Reformed
A Presidential Decree published on January 11, 2018 introduced procedural changes with respect to applications and registrations for trademarks, patents, and designs. As to trademarks, the changes are intended to shorten prosecution and streamline oppositions. Significant amendments affecting trademarks are:
- A multiclass filing system will be adopted.
USPTO: New USPTO Trademark Use Audit in Registration Maintenance/Renewal Filings (Section 8 and Section 71 Use Declarations)
Under a new procedure in the United States
Patent and Trademark Office (“USPTO”), trademark registration maintenance and
renewal filings are randomly selected for audit when the goods or services list
includes multiple items. In the audit,
the examiner issues an Office action requesting proof of use of the mark for
two additional goods or services per class in the registration that were not
shown in the specimen(s) of use filed with the maintenance filing. More
Southern District of New York: Preclusive Effect Given to TTAB Decision on Likelihood of Confusion in Trademark Infringement Litigation
Ceasri S.R.L. v. Peju Province Winery, L.P., 2017 WL 6509004 (S.D.N.Y. December 11, 2017)
In 2015, the U.S. Supreme Court held in B&B Hardware, Inc. v. Hargis Industries,
Inc., 135 S.Ct 1293 (2015), that a decision of the Trademark Trial and
Appeal Board of the U.S.More