In October 2018, a third party posted fake advertisements on Facebook and Instagram linking Bitcoin and other crypto-concurrencies to John de Mol, a famous European media entrepreneur and TV producer. The ads contained De Mol’s name and portrait and were published without his consent.More
Japan: Jam Seller Rebuts Presumption of Similarity between Goods and Retail Sale of Goods
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In a 2018 decision (H29 (Wa) 123, February 14, 2018), the Tokyo District Court denied a trademark infringement claim, finding that “retail services or wholesale services for processed food” are not similar to the goods “plum/blueberry jam.” The retail services were registered in connection with the mark JOYFARM in Katakana,More
Israel: Joins Hague System for Registering Industrial Designs
As of January 3, 2020, companies and designers from Israel can use the Hague System to protect their industrial designs in Israel and/or in any of the other member countries of the Hague System. And, foreign companies can also designate Israel on their international applications for industrial designs.More
France: New Trademark Law
On November 13, 2019, the French government published Order No. 2019-1169, followed by an implementing Decree on December 9, 2019. The purpose of this regulation was to incorporate into French law the EU Directive 2015/2436 and to simplify certain aspects of French trademark law and procedure.More
European Union: Broad Identifications Not Grounds for Invalidating Trademark Registrations
By Sahil Yadav
Sky Plc & Ors v SkyKick UK Ltd & Anr (Case C-371/18)
The Court of Justice of the European Union recently issued its decision in the referral from the UK High Court in the Sky v.More
European Union: A Trademark Puzzle for the Ages – RUBIK’s Cube 3D Trademark Invalidated
By Sahil Yadav
The EU General Court recently confirmed the European Union Intellectual Property Office (EUIPO)’s decision to invalidate the trademark registration of the well-known and popular Rubik’s Cube pursuant to a decision by the Court of Justice of the European Union (“ECJ”) that it was not registrable as a trademark under Article 7(1)(e)(ii) because the shape of the mark involves a technical function.More
China: Use in OEM Manufacturing Could Give Rise to Trademark Infringement
Honda Motor Co., Ltd. v. Chongqing Hengsheng Xintai Trading Co., Ltd. et al. (Sup. People’s Ct., Civil Retrial Judgment (2019) No. 138, September 23, 2019)
We remind our clients of an important decision issued in September 2019,More
U.S. Copyright Office: Renewal of DMCA Designated Agent Required for DMCA Safe Harbor
By Michael J. Antonucci
As of December 1, 2019, it became necessary for online service providers to renew their DMCA agent designation with the U.S. Copyright Office in order to avail themselves of the protections offered by the DMCA Safe Harbor.
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USPTO Revises Email Address Requirement for Trademark Owners
By Allison Strickland Ricketts
The USPTO reversed itself on defining what will be considered an acceptable email address for the trademark owner. In revised guidance issued on February 14, 2020 – one day before the February 15 implementation date of the new rule – it announced that trademark applicants and registrants may provide an “email address of their choice,” so long as it is not identical to the email address provided for the attorney who is listed in the application or registration.More
Revised USPTO Requirement for Email Addresses of Trademark Owners
The USPTO has reversed itself on defining what will be considered an acceptable email address for the trademark owner. In revised guidance issued on February 14, 2020 – one day before the February 15 implementation date of the new rule – it announced that trademark applicants and registrants may provide an “email address of their choice,” so long as it is not identical to the email address provided for the attorney who is listed in the application or registration.More