Clear all

Refine your search

Tags
Firm name
Author
Territory
Jurisdiction

109 results found

Commentary
Ask Lexy

Deriş Patents and Trademarks Agency | Turkey | 18 Mar 2019

E-commerce websites and trademark protection

The popularity of e-commerce websites in Turkey has grown in recent years. However, while e-commerce websites are important for the economy, their relationship with trademark protection is a controversial topic, as e-commerce website owners provide a platform through which other retailers can sell their products rather than producing products themselves. This article examines the steps that......
Commentary
Ask Lexy

Smart & Biggar | Canada | 4 Mar 2019

2018 round-up: notable trademark case law

A number of trademark cases were heard by the Canadian courts in 2018, including a decision on a motion for summary judgment brought by Duracell, a decision on whether Imperial Tobacco Canada Limited's trademarks were confusing in light of new survey evidence filed on appeal and a decision on whether retail store services require a brick-and-mortar establishment or direct delivery of products......
Commentary
Ask Lexy

Cliffe Dekker Hofmeyr | South Africa | 1 Mar 2019

Win for employer: judgment on Employment Tax Incentive Act

In a recent unreported case regarding a taxpayer that conducted business in the wholesale and retail industry, the Tax Court had to decide whether the taxpayer could claim the employment tax incentive under the Employment Tax Incentive Act for certain periods. In its decision, the court not only considered the provisions of the act, but also applied various principles of South African labour law.
Commentary
Ask Lexy

Hogan Lovells | Mexico | 14 Jan 2019

CRE endorses retailers' use of benefit and loyalty programmes

The Energy Regulatory Commission recently confirmed that certain business models used by retailers of refined products (eg, diesel and gasoline) are valid and stimulate competition in the market to the benefit of customers. As such, retailers can develop loyalty programmes based on bonuses, credits, subscriptions, memberships or exclusive offers, among other things, to be offered by various......
Commentary
Ask Lexy

Danubia Patent and Law Office LLC | Hungary | 17 Dec 2018

Novel approach to assessing similarity of services

In a recent case, the Hungarian Intellectual Property Office (HIPO) held that the services covered by two conflicting marks were not similar and granted the applied-for mark protection in Class 35. In this regard, the HIPO took a traditional approach, bearing in mind the marks' classification and examining only the services in Class 35, which were different. However, on review, the......
Commentary
Ask Lexy

Smart & Biggar | Canada | 5 Nov 2018

Federal Court affirms that trademark use for services does not require bricks-and-mortar business in Canada

A recent Federal Court of Canada decision signals that it is maintaining consistency in its broad interpretation of use of a trademark in connection with services and provides comfort for non-Canadian businesses that have no physical presence in Canada. The decisions reverse a longstanding trend by the Trademarks Opposition Board of ignoring ancillary services as being sufficient to......
Commentary
Ask Lexy

Wanhuida Intellectual Property | China | 1 Oct 2018

Beijing High Court applies strict criteria regarding trademark use evidence

Too many trademarks are filed in China for the purpose of trading them as a commodity for profit. These marks are not filed for the purpose of functioning as a source indicator of goods or services, which leads to frequent procedures before the Trademark Review and Adjudication Board. The courts should scrutinise evidence of use more closely if it is suspected to have been forged by a......
Commentary
Ask Lexy

Fasken | Canada | 12 Sep 2018

Court finds employees justified in rejecting third party's offer of employment

Employees in common law provinces who are offered a job in the sale of business context may not necessarily be required to accept or be subject to a maximum common law notice period. The Ontario Superior Court of Justice has determined that there is no upper limit on notice periods and that the duty to mitigate does not require employees to accept employment with a purchaser of a business......
Commentary
Ask Lexy

Wilson Harle | New Zealand | 28 Aug 2018

Contractual penalties again

A recent High Court decision adopted the perspective taken in the United Kingdom and Australia on the contractual penalties rule, shifting focus from a comparison between secondary obligations and genuine pre-estimates of damage caused by breach to comparing secondary obligations and the innocent party's performance interest. The decision confirmed the continued relevance of Dunlop Pneumatic......
Commentary
Ask Lexy

Advokatfirman Lindahl | Sweden | 9 Aug 2018

No fines for Swedish Match

The Patent and Market Court of Appeal recently overturned a Patent and Market Court judgment relating to Swedish Match's marketing conduct for snus products. While the Tobacco Act restricts the way snus may be marketed (eg, marketing may not invite the use of tobacco or be intrusive), the court found that Swedish Match had objective reasons that were also proportionate when introducing its......
Previous page 1 2 3 ...