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  • Brazil: Brazil opened the .com.br domain – previously restricted to local companies – to Brazilian citizens and residents last month. According to law firm Ladas & Parry, the development may call for more defensive registrations, as it poses an increased risk of cybersquatting by Brazilian individuals.
  • In connection with the promotion or advertising of their goods, companies often try to compare their product offerings with those of a competitor. The use of comparative advertising often raises the question of how to refer to a third party brand properly without infringing that party's proprietary rights. This issue also arises when a company offers a service that directly relates to an already existing third party product offering and that company wants to reference the third-party brand in order to describe the services it offers (and the relative advantages).
  • Your company learns that a competitor has copied the invention in one of your most valuable patents. Your patent counsel advises there is a strong case of infringement, and your company initiates a suit. During discovery it is revealed that a second person contributed to the invention, but was not identified as an inventor in the patent.
  • In Ahmed Oomerbhoy & Anr v Gautam Tank & Ors 2008 (36) PTC 193 (Del) an order was filed against plaintiff no 1, a partnership firm, who had taken over the possession of the partnership business assets of a company which was trading as M/s Ahmed Mills; stipulating that they safeguard all trade marks and take action against any unauthorized usage. The first plaintiff had been carrying on the business of manufacture, distribution, sale and dealing in edible oils for more than 50 years under its various trade marks including Postman, registered under the Trade and Merchandise Act, 1958. The firm also has a copyright for the artistic labels under the Copyright Act, 1957. The trade mark registrations are still valid while the design registered with effect from March 29 1989 expired in 2004. Also, the mark and device of Postman have acquired substantial reputation and goodwill in the market on account of use of its mark continuously and extensively up to 2000.
  • The Czech courts have recently had the opportunity to apply the famous case of BMW v Deenik C-63/97, with a somewhat unusual result.
  • At the end of our last report, we considered whether the Republic of Austria might be liable for damages if a court of last instance fails to comply with its obligation to file a referral to the ECJ concerning questions of Community Law.
  • Four major record companies are taking Eircom, Ireland's largest internet service provider (ISP), to the Commercial Court in Dublin over illegally downloaded music. The action against Eircom is being brought in the name of the Irish subsidiaries of EMI Records, Sony BMG Music Entertainment, Universal Music and Warner Music, but is actually organized by the Irish Recorded Music Association (IRMA), a trade organzation. Record companies and ISPs across Europe will closely monitor the developments in this case, which is the first Irish case aimed at ISPs for allowing illegal downloads, rather than individual file-sharers.
  • Eileen McDermott, Berlin
  • The UAE is one of the fastest-growing economies in the world. Hazem Farah Kakish and Simmy Flame Rease explain how you can keep counterfeits out of this burgeoning market
  • Horng-Dar Lin explains how Taiwanese companies that used only to manufacture for foreign businesses are developing their own brand identities