MIP Search | Managing Intellectual Property

Netherlands: Court of Appeal can evaluate evidence differently

In a recent ruling the Supreme Court of the Netherlands found that an appeal judge has the right to evaluate the evidence presented on appeal in a different and possibly even broader manner. This ruling resulted from a cassation brought by Global Bio Company – Chem Technology Group Lt et al (GBT) against rulings made by the Court of Appeal in The Hague.

Managing IP Correspondent, October 23 2013

Switzerland: ‘You’ not protectable as a trade mark

The Swiss Federal Supreme Court has issued a judgment holding two Swiss trade mark registrations for the word-mark You invalid on the grounds that the word You must remain free for use in commerce.

Managing IP Correspondent, October 23 2013

Japan: Apple v Samsung cases so far

Apple and Samsung are fighting litigation with each other all over the world, and Japan is no exception. Here we run through the outcomes and implications of the three cases.

Managing IP Correspondent, October 23 2013

US trade marks: House mark distinguishes secondary mark

Fashion companies often use their distinctive house marks in conjunction with multiple secondary marks to serve as a single source identifier for their product lines. The house mark groups the multiple different product offerings under the solitary heading of a well-known brand. The inclusion of the house mark could play a pivotal role in determining whether a likelihood of confusion exists between two otherwise similar marks.

Managing IP Correspondent, October 23 2013

Canada: Survey evidence in trade mark case rejected

In a recent decision, the Quebec Court of Appeal upheld a trial judge's decision to reject the evidence of an expert in a trade mark passing-off matter because the expert's report sought to describe the perception of a casual consumer. In doing so, the Court of Appeal affirmed the earlier decision of the Supreme Court of Canada in Masterpiece v Alavida Lifestyles which held that expert evidence is not necessary where it just assesses resemblance between two trade marks by a casual consumer.

Managing IP Correspondent, October 23 2013

Greece: Referral to CJEU on parallel imports

A recent case before the Athens single-member court of first instance concerned the infringement of a trade mark through the parallel import of vehicles into Greece from countries outside the EEA without the consent of the mark's proprietor. The infringer's defence was to challenge the concept of Community exhaustion of a trade mark right.

Managing IP Correspondent, October 23 2013

France: A new way to tackle old trade mark infringment?

A recent decision by the French Supreme Court (June 11 2013) seems to open a strategy for trade mark owners that were victims of infringement and did not react in time.

Managing IP Correspondent, October 23 2013

Russia: iPad too simple to be a 3D trade mark

Tablet computers are now popular everywhere. It is clear that they have the same outward appearance and cannot be otherwise. Nevertheless, Apple filed for a 3D trade mark reproducing the shape of IPad in Russia. The application was filed claiming priority of 2010 in respect of goods in Class 9.

Managing IP Correspondent, October 23 2013

Austria: Supreme IP Tribunal overturns on trade marks, again

The assessment of the distinctiveness of trade marks consisting of a slogan remains a difficult issue before patent offices and courts throughout Europe.

Managing IP Correspondent, October 23 2013

Mexico: Trade name overrules trade mark

Recently, there was a trade mark case that was as obvious and clear as possible. It actually confirmed a precedent that should have been applied assertively and without hesitation, yet somehow was still debatable when overseen by the Mexican Trademark Office (MTO).

Managing IP Correspondent, October 23 2013

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