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Grünecker | European Union, Germany | 16 Aug 2021

Lindt and famous gold bunny win again

For almost 20 years, the Lindt gold bunny has been occupying the German and European courts. Recently, Lindt sought to derive rights from a non-registered trademark for its golden colour acquired through use in Germany, which was confirmed by the Federal Court of Justice. This decision is remarkable because it is already difficult to establish the existence of a trademark acquired by use with......
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Wanhuida Intellectual Property | China | 16 Aug 2021

Yuyao Court adjudicates civil claim incidental to criminal trademark infringement case

A recent decision to accept a civil claim of acts of infringement that had been filed by the victim was rendered in the presence of a large number of officials. The reason for the publicity surrounding this case is that the courts had previously interpreted the term "property losses" restrictively. It is hoped that this case will be followed by many others and that the term "property losses"......
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Lapointe Rosenstein Marchand Melançon LLP | Canada | 3 Aug 2021

Deli wars! Unauthorised Dunn's franchisees and their directors are liable for infringement

The Federal Court recently decided on a matter of alleged trademark and copyright infringement. This case is an important example of how franchisors can use trademark and copyright legislation to protect their brand and enforce ownership of their franchise system. It also serves as a reminder for franchisors to ensure that the copyright in various materials used in the franchise system is......
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Pinsent Masons | United Kingdom | 19 Jul 2021

#trademarkinfringement – calculating damages in #hashtags

While hashtags are understood as being a valuable promotional tool for brands, quantifying that value is difficult, particularly where trademark infringement damages, based on a notional licence fee, are already nigh impossible to accurately estimate. The Intellectual Property Enterprise Court recently grappled with this issue in Gymshark v AYBL.
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Grau & Angulo | European Union | 24 Dec 2018

Preliminary injunctions granted against Blablatel Mobile for parallel imports

In October 2018 the EU Trademark Court Number 1 of Alicante granted the interim injunction application filed by Xiaomi Inc against Blablatel Mobile SL for trademark infringement due to the parallel import of technological products from outside the European Economic Area. This decision is notable, as it confirms that importing goods that were originally intended to be marketed outside the......
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Zacco | Norway | 24 Dec 2018

David versus Goliath: local soft drink maker takes on Coca-Cola in trademark case

In anticipation of the court's decision in the recent trademark infringement case between The Coca-Cola Company and O Mathisen AS, this article looks at the development of the case, which has all of the ingredients to be a memorable trademark conflict. For example, it is a classic example of a David versus Goliath scenario – with a small local company fighting a large multinational. Further,......
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Vellani & Vellani | Pakistan | 26 Nov 2018

High Court of Sindh grants interlocutory injunction in Aldo's favour

Aldo Group International AG filed a suit for trademark infringement and passing off against Aldo Shoes to restrain it from using the name and trademark ALDO in Pakistan in relation to its shoe business. While the single bench of the High Court of Sindh refused to grant injunctive relief to Aldo Group International AG, the court's appellate bench recently allowed its appeal against Aldo Shoes.
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Vellani & Vellani | Pakistan | 12 Nov 2018

High Court of Sindh allows appeal in trademark infringement case

The High Court of Sindh recently allowed an appeal filed by Novartis AG against Nabiqasim Industries (Private) Limited and restrained the latter from using the trademark DESCOL on account of its similarity with Novartis's prior registered trademark LESCOL. The court's appellate bench asserted that in the case of pharmaceutical products, the public must be protected from the possibility of......
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KISCH IP | South Africa | 12 Nov 2018

#FillUp – why trademarks should be registered

In order to build a brand, one of the most important steps is to register a trademark. The first step is to conduct a search of the Trademarks Register to ensure that the trademark does not infringe registered rights. Provided that the results of this clearance search are favourable, the next step is to file an application for registration. However, this is not the final step, as action can......
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Grau & Angulo | Spain | 5 Nov 2018

Preliminary draft Trademark Act approved: declarations of invalidity and cancellations of registered signs

The Council of Ministers recently approved a preliminary draft law which will partially amend the Trademark Act in order to incorporate the EU Trademark Directive. Ahead of the parliamentary approval procedure, various consulting bodies provided their opinions on the draft text. In this regard, the Economic and Social Council and the General Council of the Judiciary both highlighted certain......
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