Litigation/Dispute Resolution and Trademarkshttp://www.managingip.com/RSS.aspx?FeedID=2917©2018 Managing Intellectual Property60Litigation/Dispute Resolution and TrademarksAll of our 2018 Awards shortlists are now out!Managing IP is holding three awards dinners in March, recognising the best intellectual property law firms and individuals around the world. The shortlists for our EMEA, Americas and Asia Awards have now all been publishedhttp://www.managingip.com/Article/3786956/All-of-our-2018-Awards-shortlists-are-now-out.htmlMon, 12 Feb 2018 07:00:00 GMTUber settles Waymo trade secrets case mid-trial for 0.34% of its equityThe high-profile trade secrets case between Waymo and Uber settled abruptly before their fifth day in front of a jury. The settlement is estimated to be worth $245 millionhttp://www.managingip.com/Article/3786961/Uber-settles-Waymo-trade-secrets-case-mid-trial-for-034-of-its-equity.htmlFri, 09 Feb 2018 22:30:00 GMTAndrei Iancu is your new USPTO director – now what?The new USPTO director has a number of issues to address such as subject matter eligibility and fee diversion. He will have a big influence at the PTAB, where the director has broad powers to set ruleshttp://www.managingip.com/Article/3786952/Andrei-Iancu-is-your-new-USPTO-directornow-what.htmlFri, 09 Feb 2018 21:15:00 GMTHighlights from our International Women’s Leadership ForumLucy Songi reports from our latest Women in IP event, held at the Waldorf Hilton in London, where topics including Brexit, brand management, the digital single market and career development were discussedhttp://www.managingip.com/Article/3786821/Highlights-from-our-International-Womens-Leadership-Forum.htmlFri, 09 Feb 2018 04:15:00 GMTLouboutin red sole trade mark: Advocate General issues second opinionAdvocate General Szpunar in a second Louboutin v Van Haren opinion at the CJEU states he is “even less inclined to classify the mark at issue as one consisting of a colour per se”http://www.managingip.com/Article/3786024/Louboutin-red-sole-trade-mark-Advocate-General-issues-second-opinion.htmlTue, 06 Feb 2018 23:15:00 GMTTrade mark territoriality in India after the Supreme Court’s Prius rulingToyota recently lost a trade mark case at India’s Supreme Court, in a surprising decision that has shaken up the principle of territoriality in trans-border reputationhttp://www.managingip.com/Article/3786011/Trade-mark-territoriality-in-India-after-the-Supreme-Courts-Prius-ruling.htmlTue, 06 Feb 2018 19:00:00 GMTUS Senate confirms Iancu as USPTO director – reactionThe confirmation of Andrei Iancu as USPTO director in a 94-0 vote has been welcomed by associationshttp://www.managingip.com/Article/3785682/US-Senate-confirms-Iancu-as-USPTO-directorreaction.htmlTue, 06 Feb 2018 03:00:00 GMTManaging IP Americas Awards 2018 shortlists announcedThe Managing IP Americas Awards ceremony and dinner will be held on March 15 at Essex House in New York, recognising the firms and individuals of the yearhttp://www.managingip.com/Article/3785644/Managing-IP-Americas-Awards-2018-shortlists-announced.htmlMon, 05 Feb 2018 18:00:00 GMTManaging IP EMEA Awards 2018 shortlists announcedManaging IP’s EMEA Awards dinner will be held on March 8 at The Savoy in London. Trophies will be presented to the firms of the year, with winners chosen from these shortlistshttp://www.managingip.com/Article/3785639/Managing-IP-EMEA-Awards-2018-shortlists-announced.htmlMon, 05 Feb 2018 17:30:00 GMTManaging IP Asia-Pacific Awards 2018 shortlists announcedManaging IP’s inaugural Asia-Pacific Awards dinner will be held on March 21 at the JW Marriott in Hong Kong. The winners will be chosen from these shortlistshttp://www.managingip.com/Article/3785033/Managing-IP-Asia-Pacific-Awards-2018-shortlists-announced.htmlThu, 01 Feb 2018 22:00:00 GMTGlobal trade mark survey finds increase in infringement and filingCompuMark’s survey of 300 trade mark professionals reveals three-quarters experienced infringement in 2017http://www.managingip.com/Article/3784798/Global-trade-mark-survey-finds-increase-in-infringement-and-filing.htmlThu, 01 Feb 2018 01:00:00 GMTCJEU 2017 cases: A geographical origin storyIn 2017, the Court of Justice of the European Union issued 19 decisions primarily focused on trade marks. Alice Stagg summarises the most interesting of themhttp://www.managingip.com/Article/3782933/CJEU-2017-cases-A-geographical-origin-story.htmlMon, 29 Jan 2018 12:00:00 GMTInterview: Tish Berard’s plans as INTA presidentTish Berard, the new president of the International Trademark Association, discusses the association’s plans for 2018 in an interview with Managing IPhttp://www.managingip.com/Article/3783732/Interview-Tish-Berards-plans-as-INTA-president.htmlMon, 29 Jan 2018 12:00:00 GMTeasyGroup loses trade mark fight against EasyRoommateA property letting business called EasyRoommate does not infringe any of the easy trade marks owned by Sir Stelios Haji-Ioannou’s easyGroup, according to a judgment by Mr Justice Arnold in the England and Wales High Courthttp://www.managingip.com/Article/3781442/easyGroup-loses-trade-mark-fight-against-EasyRoommate.htmlThu, 18 Jan 2018 23:00:00 GMTHow the changes to Chinese anti-unfair competition law workChina’s anti-unfair competition law amendments became effective January 1, and focus on penalty increases and confusion actshttp://www.managingip.com/Article/3780746/How-the-changes-to-Chinese-anti-unfair-competition-law-work.htmlMon, 15 Jan 2018 16:45:00 GMTCJEU clarifies repair clause in EU Design RegulationThe CJEU has provided guidance on the divisive issue of design protection for car spare parts, in two cases involving Acacia. It was one of three significant IP decisions published on December 20, the Court’s last day before the Christmas breakhttp://www.managingip.com/Article/3777056/CJEU-clarifies-repair-clause-in-EU-Design-Regulation.htmlThu, 21 Dec 2017 09:45:00 GMTBrexit, trade marks and designs: the position papers comparedAssociations including CITMA, ECTA, INTA and MARQUES have published position papers discussing IP rights when the UK leaves the EU in March 2019. Managing IP looks at the biggest issues, including registered EU rights, pending applications, exhaustion and representationhttp://www.managingip.com/Article/3776193/Brexit-trade-marks-and-designs-the-position-papers-compared.htmlMon, 18 Dec 2017 14:00:00 GMTFederal Circuit’s Brunetti ruling: barring immoral or scandalous marks unconstitutionalThe Federal Circuit has overturned the TTAB’s rejection of a trade mark application for “FUCT”, ruling it an unconstitutional restriction of free speechhttp://www.managingip.com/Article/3776103/Federal-Circuits-Brunetti-ruling-barring-immoral-or-scandalous-marks-unconstitutional.htmlFri, 15 Dec 2017 22:00:00 GMTRare high penalty given in Babyzen counterfeit case in ChinaA recent rare heavy penalty and sentence for infringement of Babyzen’s strollers suggests a higher penalty trend in China. A new amendment to its Anti-unfair Competition Law comes into effect next month, which has increased the maximum statutory compensation availablehttp://www.managingip.com/Article/3775656/Rare-high-penalty-given-in-Babyzen-counterfeit-case-in-China.htmlThu, 14 Dec 2017 16:30:00 GMTWomen in IP Interview: Min Gao, senior IP counsel, adidas ChinaManaging IP speaks to Min Gao, winner of the Managing IP In-house Award at the 2017 Euromoney Legal Media Group Asia Women in Business Law Awards, for our latest Women in IP interview serieshttp://www.managingip.com/Article/3773292/Women-in-IP-Interview-Min-Gao-senior-IP-counsel-adidas-China.htmlWed, 06 Dec 2017 23:30:00 GMTRed Bull decision makes colour combination EUTMs “effectively impossible”The EU General Court’s Red Bull judgment reinforces the difficulty of registering colour combination trade marks in the EU, and signals “death knell” for Red Bull’s attempt to register its blue and silver combinationhttp://www.managingip.com/Article/3772074/Red-Bull-decision-makes-colour-combination-EUTMs-effectively-impossible.htmlMon, 04 Dec 2017 04:00:00 GMTINTA reveals position on Brexit IP issuesThe International Trademark Association has released a paper outlining its concerns about the impact of Brexit on intellectual property rightshttp://www.managingip.com/Article/3771073/INTA-reveals-position-on-Brexit-IP-issues.htmlWed, 29 Nov 2017 23:45:00 GMTWIPO study sheds light on value of "intangible capital" in manufactured goodsWIPO Director General Francis Gurry says intangible capital determines success in the marketplace. "Intellectual property, in turn, is the means by which companies secure the competitive advantage flowing from their intangible capital"http://www.managingip.com/Article/3768777/WIPO-study-sheds-light-on-value-of-intangible-capital-in-manufactured-goods.htmlWed, 22 Nov 2017 05:00:00 GMTCourt of Appeal hails London black cabs as not distinctiveIn another ruling demonstrating the difficulty for UK trade mark owners to protect their designs, the Court of Appeal has upheld a ruling that The London Taxi Company’s trade marks are invalid. The case would present some interesting issues were it to be pursed to the Supreme Courthttp://www.managingip.com/Article/3764016/Court-of-Appeal-hails-London-black-cabs-as-not-distinctive.htmlThu, 02 Nov 2017 23:30:00 GMTTTAB rule changes having an impactIn a review of the biggest US trade mark issues, Wolf Greenfield’s John Welch says two rule changes are having a big impact at the TTAB while the issue of USPTO attorneys' fees in district court cases is worth watchinghttp://www.managingip.com/Article/3761747/TTAB-rule-changes-having-an-impact.htmlTue, 24 Oct 2017 23:00:00 GMTBGH confirms trade mark protection for Ritter Sport's square chocolate packagingA decision from the Bundesgerichtshof is good news for owners of 3D trade marks, as Rembert Niebel, Markus Hecht and Birgit Clark explainhttp://www.managingip.com/Article/3760781/BGH-confirms-trade-mark-protection-for-Ritter-Sports-square-chocolate-packaging.htmlFri, 20 Oct 2017 14:45:00 GMTLandmark decision in South Africa in Twist trade mark caseDineo Modibedi and Kelly Thompson report on the recent Supreme Court of Appeal judgment in a trade mark dispute between PepsiCo and Atlantic Industrieshttp://www.managingip.com/Article/3755639/Landmark-decision-in-South-Africa-in-Twist-trade-mark-case.htmlFri, 29 Sep 2017 15:45:00 GMTGrey goods in the UK: The practical significance of R v CThe UK Supreme Court’s decision in R v C that there is criminal liability for dealing in grey goods which the trade mark owner has not authorised for sale has been hailed as great news for brand owners. Anna Carboni, Darren Meale and Arty Rajendra give their opinion on whether it catches parallel imports and what it means for brand owners, grey goods dealers and enforcement authoritieshttp://www.managingip.com/Article/3747005/Grey-goods-in-the-UK-The-practical-significance-of-R-v-C.htmlThu, 31 Aug 2017 16:45:00 GMTNew Balance scores win in Chinese trade mark infringement caseNew Balance has won in a trade mark infringement dispute in a first instance decision from the Suzhou Intermediate People’s Court. The court ordered the defendants to pay damages and legal costs of Rmb10 million ($1.5 million) in a case involving the use of the shoemaker’s slanting logohttp://www.managingip.com/Article/3746979/New-Balance-scores-win-in-Chinese-trade-mark-infringement-case.htmlThu, 31 Aug 2017 15:30:00 GMTGoogle genericide saga continuesIn May, the Ninth Circuit Court of Appeals ruled that the phrase “Google it” was not genericide - but now the plaintiffs in the case are asking the Supreme Court to take another look at the issues raised by that decisionhttp://www.managingip.com/Article/3745754/Google-genericide-saga-continues.htmlFri, 25 Aug 2017 17:15:00 GMT