By Ashford Tucker
R v C [2016] EWCA Crim 1617 (November 1, 2016, Ct. App.)
On November 1, 2016, the UK Court of Appeal confirmed that sales of “grey” goods could be deemed a criminal offense. Prior to this decision,More
Turkey: New Industrial Property Code in Force
By Robin N. Baydurcan
On January 10, 2017, the Industrial Property Code (“New Law”) went into effect in Turkey, replacing the previous law known as “Decree Law No. 556 for the Protection of Trademarks” (“Old Law”). The Old Law will continue to apply to all trademark applications filed before January 10th,More
Switzerland: New Non-Use Cancellation Procedure
By Karen Lim
Article 12 of the Swiss Trademark Act provides that trademark rights may no longer be asserted if the trademark has not been in use for an uninterrupted period of five years unless the owner can show good cause for the non-use. More
South Korea: Shop Decorations and Trade Dress Protected Under Competition Law
By Amanda B. Agati
Slowfood-Korea, Inc. v. Gil-Soo Kim and Hyung-Yak Lee, Supreme Court, 2016Da229058, Sept. 21, 2016 (S. Kor.)
The Korean Supreme Court recently affirmed a High Court’s decision holding that a shop’s appearance, including the logo, outdoor signage,More
India: New Trademark Rules Implemented
By Karen Lim
India’s new Trademark Rules came into effect on March 6, 2017. The Rules are designed to expedite the registration process and enhance protection for well-known marks. Salient features of the new Rules are:
- Creation of well-known marks list.
European Union: Rubik’s Cube Shape Found Ineligible for Trademark Protection
By Hindy Dym
Simba Toys GmbH & Co. K.G v. European Union Intellectual Property Office (EUIPO) and Seven Towns Ltd. (Case C-30/15 P, November 10, 2016)
The Court of Justice of the European Union (“ECJ”) recently issued a final decision in a ten-year dispute surrounding the trademark protection of the Rubik’s Cube. More
European Union: Territorial Exceptions to Prohibitions Against Use of Infringing Trademarks
Combit Software GmbH v. Commit Business Solutions Ltd. (Case C-223/15) (September 22, 2016)
In a recent decision, the Court of Justice of the European Union (“ECJ”) determined that when an EU trademark court prohibits use of a sign that creates a likelihood of confusion in one part of the EU,More
China: Michael Jordan (Partially) Defeats Chinese Trademark Pirate Based on Unregistered Personal-Name Rights
By Robin N. Baydurcan
Michael Jeffrey Jordan v. China Trademark Review and Adjudication Board, with the third party QIAODAN Sports Company, Supreme People’s Court 2016
In December 2016, former Chicago Bulls basketball phenom Michael Jordan obtained an unprecedented victory in cancelling several third-party registrations for “Jordan” in Chinese characters,More
Canada: New Regulations Governing Display of Non-French Trademarks
By Karen Lim
On November 24, 2016, changes to Quebec’s signage laws went into effect requiring businesses to add French-language descriptors or slogans to storefront signage displaying non-French trademarks. The amendments are intended to ensure the presence of French on storefronts that display non-French trademarks,More
Australia: Limited Privilege for Communications with Registered Trademark Attorneys
By Maritza C. Schaeffer
Titan Enterprises (QLD) Pty Ltd v. Cross, Federal Court of Australia(Case No. [2016] FCA 1241, October 19, 2016)
Section 229 of the Australian Trademarks Act 1995 (“Section 229”) defines the scope of privileged protection for communications with registered trademark attorneys. More