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Trademark Clearinghouse: meet the agents

International18-09-2018

Five years after the launch of the Trademark Clearinghouse, which is used to protect rights in the new generic top-level domains, WIPR speaks to three companies that use the service about its impact on brand protection.

Conference preview: IACC-UL Latin America Regional Brand Protection Summit

US18-09-2018

The IACC-UL Latin America Regional Brand Protection Summit will take place from October 17 to 19 at the Waldorf Astoria in Orlando, Florida, as WIPR finds out.

France jurisdiction report: Good news for parallel importers

EU, France18-09-2018PharmaceuticalsAurélia Marie

Parallel importation of pharmaceuticals in the EU has, for a long time, raised many issues. National constraints require the parallel importer to modify the presentation of the products in order to comply with national laws, and the trademark owner has tried to make use of such alteration to oppose the commercialisation of the goods that were escaping its distribution network in that way.

Germany jurisdiction report: Making claims for injunctive relief effective

Germany18-09-2018Jens Künzel

Several recent decisions of Germany’s Supreme Court, the Federal Court of Justice—for instance, a case decided in October 2017 called Products For Wound Treatment—hold that an injunction order contained in a judgment for unfair competition or trademark infringement requires the defendant not only to cease and desist the activity for which he has been sentenced, but moreover demands that he recall the infringing goods from his customers.

Malaysia jurisdiction report: Honouring a franchise contract

Malaysia17-09-2018Lim Eng Leong

It has been more than a year since the High Court refused La Kaffa International an application for an interim injunction to stop Loob Holding continuing its Tealive business as a replication of the Chatime franchise system.

Italy jurisdiction report: Trademarks for retail services

Italy17-09-2018RetailAndrea Cappai

For trademark owners and IP professionals, the elusive class 35—and in particular retail services—have caused much ink to be spilled over the years. Whenever these issues are in the limelight, personal and public opinions about the admissibility of retail services as trademarks are diverse and often conflicting.

Japan jurisdiction report: Moral rights and stories

Japan17-09-2018Ryo Maruyama

In August this year, a person launched a product that consists of a plantlet of a baobab tree in a package on which the title Le Petit Prince (The Little Prince), original illustrations, and a short story relating to the sale of a baobab tree are printed.

Mexico jurisdiction report: Changes to invalidation actions

Mexico14-09-2018Joaquín Esquivel

On August 10, 2018, several reforms to the Mexican Industrial Property Law (Mexican IP Law) came into force, substantially modifying our trademark system and affecting other relevant aspects, such as litigation actions whereby the validity of a trademark registration granted in Mexico may be challenged.

Netherlands jurisdiction report: The links between witches and cheese

Netherlands14-09-2018Food and drinkMichiel Rijsdijk

In July the Supreme Court of the Netherlands ruled in the case Heksenkaas v Witte Wievenkaas. It concerns a dispute over trademarks for a typical Dutch product: cheese (‘kaas’ in Dutch).

Russia jurisdiction report: The rules on patent opposition

Russia14-09-2018Erik Goussev

In Russia, third parties may dispute the validity of a granted patent by filing an opposition with the Patent Disputes Chamber, a department of the Federal Service for Intellectual Property (Rospatent), located in Moscow. The opposition period is not limited, meaning that an opposition can be filed any time after a patent is granted.

Showing 31 to 40 of 2634 results

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