Amazon is quickly becoming a key retail platform for nearly all brand owners. Similarly, Facebook ads are often a critical part of any online advertising campaign and Facebook’s Marketplace is quickly gaining in importance. However, as many brand owners can attest, it can be hard to monitor who is selling branded merchandise improperly or misusing trademarks or copyrighted content at these sites. More
Uzbekistan: Amendments to IP and Unfair Competition Laws
On April 18, 2017 The Parliament of the Republic of Uzbekistan issued amendments to the Law on Trademarks and Appellations of Origin and the Law on Competition. These changes became effective on April 19, 2017. The more significant changes are:
- Introduction of exhaustion of rights (though it is not clear whether this is international or national;
United Kingdom: Standard For Acquired Distinctiveness For Three-Dimensional Shapes Clarified
Société des Produits Nestlé SA v Cadbury UK Ltd* ([2017] EWCA Civ 358; 17.05.17)
The UK Court of Appeal recently dismissed Societé des produits Nestlé SA’s (Nestlé) appeal of a High Court decision that its three-dimensional trademark had not acquired distinctive character and could therefore not be registered in the UK.More
Federal Circuit Court of Appeals: Amazon Not Liable For Third-Party Sellers’ Alleged Infringement
Milo & Gabby LLC v. Amazon.com, Inc., Case No. 2016-1290 (Fed. Cir. May 23, 2017)
The Court of Appeals for the Federal Circuit recently affirmed a district court’s decision that Amazon.com, Inc. (“Amazon”) was not liable for patent, copyright, and trademark infringement based on third-party sales of pillowcases on Amazon’s website. More
Turkey: Unregistered Design Now Protected
Under Turkey’s new Industrial Property Law No. 6769, an unregistered design is protected for three years in the event that it is first presented to the public in Turkey. The owner may enforce its rights in the unregistered design against third parties who, without the owner’s consent,More
South Sudan: Reservation Of Trademark
South Sudan, established in July 2011 after a referendum approving independence from Sudan, has not been accepting trademark applications due to the lack of a trademark law. However, the Ministry of Justice in South Sudan has confirmed that trademarks may be reserved pending the passage of a trade mark law. More
Russian Federation: The Trisolen Case – A Lesson In Enforcement Against Trademark Infringement
No. 301-Aд17-4305
On May 15, 2017, the Supreme Court (highest court) of the Russian Federation upheld a decision of the Russian IP court (No. A43-10065/2016) which, at first glance, appears to undermine a trademark owner’s ability to enforce its marks against unauthorized third-party uses. More
India: Guidelines For Filing Well-Known Mark Requests
We previously reported the March 6, 2017 implementation of new trademark rules in India, which included the creation of a well-known marks list. The Office of the Controller General of Patents, Designs and Trademarks has now issued guidelines for filing such requests.More
European Union: Test For Distinctiveness of Three-Dimensional Marks Applies To Figurative Marks For Two-Dimensional Representations of Products
August Storck KG v. European Union Intellectual Property Office (Case No. C-417/16P, May 4, 2017)
The Court of Justice of the European Union (“ECJ”) recently issued a decision in which it confirmed that case law which was developed in relation to the distinctiveness of three-dimensional marks consisting of the appearance of the product itself also applies to figurative marks for the two-dimensional representation of a product. More
European Union: Making Available And Managing Online Sharing Platform Is “Communication To The Public
Stichting Brein v. Ziggo BV, XS4ALL Internet BV, Case C-610/15, Judgment of 14 June 2017 (Court of Justice of the European Union)
In June 2017, the Court of Justice of the European Union handed down a major decision ordering certain Dutch Internet access providers to block access to the well-known file-sharing platform The Pirate Bay. More