Search results for

As reported in our article in July 2014, the interim decision of the Enlarged Board of Appeal (EBA) of April 25 2014 in case R 19/12 has highlighted a statutory imperfection of the patent system in Europe. More specifically, it follows from the decision that the judicial independence of the Boards of Appeal which follows from Article 23 EPC may not be reconcilable with the organisational ties of the vice president of the Boards of Appeal to the management of the EPO.

At last, the Trade Mark Act 2014 amendment, which will come into effect on April 1 2015, has introduced new kinds of trade marks such as colour marks and sound marks. In the United States, Christian Louboutin had filed a lawsuit against Yves Saint Laurent for an infringement of Louboutin's trade mark, consisting of a red, lacquered outsole on a high fashion woman's shoe. We may expect similar lawsuits in Japan in the near future.

In the case In re St Helena Hospital, the United States Court of Appeals for the Federal Circuit recently expanded the so-called "something more" standard for the relatedness of goods and services in analysing whether a likelihood of confusion existed between two marks.

In the case of Ricardo Honrado v GMA Network Films, docketed as GR No 204702, the Supreme Court of the Philippines in its decision dated January 14 2015, showed the need for clearer language in drafting licensing agreements.

On January 20 , the General Court issued a decision in respect of a Community design registration for a heat exchanger. This heat exchanger to which the contested design was applied was presented as a part of a complex product, namely a household boiler. A direct competitor of the applicant filed a claim with OHIM to declare the design invalid, on the ground that the design as registered did not remain visible after its installation in the boiler, and therefore did not constitute a valid design in the sense of the Regulation.

Recently, the Mexican Trade Mark Office found that a Mexican company had infringed the image of a Mexican actor. However, the use was found in an advertisement for a hairstyling product in a store in Puerto Rico. The authority sustained that since the parties were both Mexican and the related product was made in and exported from Mexico, it has enough authority to sanction an infringement for the non-authorised use of the image for commercial purposes outside Mexico.

On January 9 2015, the Dutch first instance patent court found that a Dutch company had "offered" a product because a product brochure was accessible from its English language website. As a result, the company was found to have violated a preliminary injunction on offering the product for use in an infringing process.

In a decision of OHIM's Opposition Division on February 9 2015, in opposition case B 001934796 – Heineken Romania SA v Eckes – Granini Deutschland GmbH – the examiners found that there is a likelihood of confusion between trade marks having an identical first verbal element ("Golden").

The designation Terra Contes on application number 2012711660 with priority of April 4 2012 was filed in the name of a Russian company Trade House KODRU in respect of goods in class 33, alcoholic beverages.

The Supreme Court recently issued a judgment in a trade mark and company name infringement action where both parties were using and had registered trade marks and company names with the main distinctive element Arthur or Arthur's.