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Courts reject holistic approach

Philippines01-12-2010Eunice Hyacinth L. Tan

In determining whether a likelihood of confusion exists between competing trademarks, the Philippine Supreme Court relies on two principal tests: the dominancy test and the holistic test.

Single words: protected as trademarks or copyrights

Poland01-12-2010Monika Wieczorkowska

Under Polish Copyright Law, a work is subject to copyright if it is an expression of creative activity, meaning it is original or has individual character.

Breathing life into expired patents

South Africa01-12-2010Jaco Theunissen

Judge Southwood, sitting as the Commissioner of the Court of Patents, recently handed down judgment in Audiosport International v. The Registrar of Patents, Soundsure CC and the South African Rugby Union.

Update on PCT applications in Thailand

Thailand01-12-2010Kowit Somwaiya and Prasantaya Bantadtan

Thailand acceded to the Patent Cooperation Treaty on September 24, 2009, as the 142nd contracting party, effective from December 24, 2009.

Trademark frustrations in Turkey

Turkey01-12-2010Isik Ozdogan and Ezgi Baklaci

The acceptability of consent letters, co-existence agreements and sister company arrangements are often explored by the applicants whose trademarks are provisionally refused based on a prior registration in Turkey.

Indirect infringement of patents

UK01-12-2010Sebastian Moore and Daniel Pearce

Until now, there was little guidance from the UK courts on the scope of indirect (or contributory) patent infringement under section 60(2) of the Patents Act, 1977 (PA77).

Avoid false patent marking pitfalls

US01-12-2010Paul J. Sutton

False patent marking has become an increasingly popular ‘bounty hunting’ basis for US litigation. The targets of such false lawsuits face huge legal fees and potentially huge monetary judgments.

Personal jurisdiction and the online marketplace

US01-12-2010Robert Kenney and Katie Peden

The Second Circuit’s August 5, 2010 ruling in Chloe v. Queen Bee of Beverly Hills, LLC is a victory for trademark owners in the area of personal jurisdiction over accused online counterfeiters.

Next steps: UK government's response to the Hargreaves Review

UK01-10-2010Leigh Ellis

The UK government published its response to the Hargreaves Review in early August 2011.

Manufacturers versus distributors: who owns the trademarks?

Philippines01-08-2010Anne Mariae Celeste V. Jumadla

The Supreme Court promulgated its decision in Superior Commercial Enterprises, Inc. v. Kunnan Enterprises Ltd., affirming its previous ruling that the registration of a trademark by an exclusive distributor belongs to the manufacturer.

Showing 911 to 920 of 1001 results

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