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  • In Dropbox, Inc v Thru Inc, the US District Court for the Northern District of California applied to a trade mark dispute the Supreme Court's recently adopted test for determining whether reasonable attorney fees should be awarded to the prevailing party. In doing so, the Court found that the defendant's conduct both prior to and during the litigation was in bad faith, rendering the case "exceptional" and justifying the grant to the plaintiff, Dropbox, of an award of attorneys' fees and costs in excess of $2 million. The ruling serves as a stark reminder of the risks associated with attempting to cultivate opportunistic or unreasonable litigation strategies.
  • The Supreme Court published a ruling in 2015 in a design patent infringement lawsuit that aroused some controversy.
  • On March 22, the Beijing IP Court issued a decision addressing standard essential patents (SEPs) related to a China standard – WLAN Authentication and Privacy Infrastructure (WAPI). The Court ruled in favour of the plaintiff – a Chinese technology development company IWNCOMM against Sony, which sells mobile handsets. The Court awarded more than Rmb9 million ($1.3 million) in damages. But what is more noticeable in the decision is the Court's rulings on the doctrine of patent exhaustion, indirect infringement, injunctions for SEPs and the determination of damages.
  • These days some restaurants offer a selection of knives to choose from. On such a tray you might find a Laguiole knife. Laguiole knives are produced in the small village of Laguiole, located in the Massif Central region of France, thus "Laguiole" originally is neither a trade mark, nor a company name. However since the name Laguiole has become associated with high-end traditional knives, the interest in the protection of the word Laguiole has been growing accordingly. It is not your typical trade mark history and is the reason why the appeal decision of April 5 from the CJEU (C-598/14) caught my eye.
  • In a recent decision of the Court of Appeal of Athens, it has been found that the likelihood of confusion of the consuming public, resulting from the infringement of a distinctive title (a brand name, in breach of the fundamental principle of priority (first come, first served), as well as the provisions on unfair competition) is not removed by any possible provisions of a purely administrative nature.
  • The USPTO recently made permanent a pilot programme to conduct random audits of post-registration affidavits of use. Jason Vogel and Sam Kilb explain what trade mark owners need to know about the changes and suggest best practices
  • On March 6 2017, in the case of Forietrans Manufacturing Corp et al (FMC) v Davidoff and Japan Tobacco et al, (GR No 197482) the Supreme Court (SC) affirmed the decision of the Court of Appeals (CA) which reversed the resolutions of the Secretary of Justice (Secretary) finding no probable cause to charge FMC for the crimes of infringement and false designation of origin with reference to the trade marks Davidoff and Mild Seven.
  • Law 24/2015 came into force on April 1. It completely modifies the previous Spanish Law 11/1986.
  • The New Turkish Industrial Property Code entered into force on January 10 2017. The IP Code replaces the Decree-laws pertaining to the protection of trade marks, patents, geographical indications and designs by unifying them into a single code.
  • On March 29, Prime Minister Theresa May triggered Article 50, formally notifying the European Union of the UK's intention to withdraw from the EU. The UK government now begins the lengthy process of negotiating the terms of our exit with our European partners.