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
China: Oral Hearings By “Trab” Now Available
As of May 4, 2017, oral hearings in trademark review cases are available at the discretion of the Trademark Review and Adjudication Board (“TRAB”), pursuant to measures issued by the State Administration for Industry and Commerce of China.
The hearings are supplementary to the usual written submissions. More
China: Bad Faith Filings – Dou Shan And Beyond
Doosan Corporation and Doosan Infracore Co, Ltd. v. Beijing Jia He Xing Chan Lubricant Oil Co, Ltd., Supreme Court of the People’s Republic of China (March 30, 2016).
The Chinese government has in recent years updated its intellectual property laws in an effort to target bad faith trademark filings. More
Cayman Islands: New Intellectual Property Laws In Effect
The Cayman Islands Trademarks Law, 2016, Design Rights Registration Law, 2016, and Patents and Trademarks (Amendment) Law, 2016 were implemented on August 1, 2017. Our detailed discussion of the salient features of the new trademark and design laws can be viewed here [December 2016] and here [September 2016].More
Canada: Supreme Court Landmark Decision Declaring “The Internet Has No Borders”
Google, Inc. v. Equustek Solutions Inc. (2017 SCC 34).
In what is being hailed as a landmark decision, the Canadian Supreme Court has affirmed a holding granting a global injunction against Google, even though it was a non-party to the underlying infringement action,More
Supreme Court: Lanham Act’s Disparagement Clause Violates First Amendment
Thailand: Accession To Madrid Protocol
South Korea, Taiwan, Turkey: Design Law Updates
Significant recent changes to the local design laws in the Republic of Korea, Taiwan, and Turkey, are discussed below. Each of these may help design owners expand the range of protectable designs and of available design protections.
South Korea—Broadened Scope of Designs Eligible for Registration
The Korean Intellectual Property Office recently amended its examination guidelines for registered designs,More