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  • In a recent High Court case (Unilever plc v Controller of Patents, Designs and Trade Marks and Sunrider Corporation [2006] IEHC 427), Unilever successfully appealed against the decision of the Irish Controller of Patents, Designs and Trade Marks who had dismissed its opposition to the registration of the trade mark SunSmile by Sunrider. Irish law states that a trade mark cannot be registered in circumstances where it is likely to deceive or cause confusion. In his High Court judgment, Mr Justice Smyth examined the degree of similarity and the potential for confusion between the words "Sun" and "SunSmile" in respect of detergents and goods for personal hygiene.
  • In the UK, the compensation to which a successful claimant is entitled in respect of either patent or unregistered design right infringement may take the form of either damages or an account of the other party's profits (Patents Act 1977, Section 61 (1) (c), (d); Copyright, Designs & Patents Act 1988, Section 229 (2)).
  • MIP is producing an extensive survey of in-house IP counsel in the US, to be published in June this year. James Nurton provides a preview of the findings so far
  • In an interview with MIP at the Third Global Congress on Combating Counterfeiting and Piracy in Geneva, Zhang Qin, SIPO deputy director, explained why the Chinese government is not getting the credit it deserves for tackling infringement and why there needs to be a balance between competing interests in enforcement
  • It's possible to monitor competitors by watching how they manage their intellectual property, say Jeffrey Van Hoosear and Jonathan Hyman of Knobbe Martens Olson & Bear
  • Search warrants are enshrined in the Constitution of The Philippines. Editha R Hechanova reviews recent Supreme Court case law on search and seizure orders and search warrants, and examines the lessons for IP owners
  • Ankit Prakash of Anand and Anand in New Delhi looks at the evolution of brand management and considers the impact it has had on business in India. He also reviews recent cases where trade mark rights have been upheld
  • If you have a famous mark, you need to take steps to stop it becoming generic. Delphine Kaufmann of Novagraaf France reviews recent cases in France and the EU in this area and provides some tips for brand owners
  • You may be familiar with investigators as the men and women on the front line of IP enforcement. But, says Graham Robinson, they also have a role to play in creating and protecting brands
  • Whether working to win new business or maintaining existing relationships, customer service is of course important, but how important exactly and how can law firms use software to increase satisfaction levels? Stephen Schley of CPA Software Solutions finds out