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Bird & Bird LLP | United Kingdom | 13 May 2022

UK trade mark applications and bad faith

On 30 March 2022, the UKIPO’s Appointed Person reached a decision highlighting that ‘bad faith’ cannot be presumed by the UKIPO in trade mark…
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Bird & Bird LLP | United Arab Emirates | 14 Feb 2022

New Trademark Law for United Arab Emirates

The United Arab Emirates' new Trademark Law recently came into effect, ushering in some much-needed change. In what will be music to the ears of many brand owners, perhaps the biggest news is that the United Arab Emirates has become a multi-class filing system. A summary of the most important changes is set out in this article; however, the implementing regulations have yet to issue and......
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Danubia Patent and Law Office LLC | Hungary | 3 Jan 2022

Trademark application filed in bad faith

This article discusses a controversy that emerged between the members of a company regarding a sign that was used by the company. One member of the company filed a trademark application covering the sign with the Hungarian Intellectual Property Office (HIPO), which registered the mark in that member's favour. The company requested a review of the HIPO's decision, alleging that the member had......
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Wanhuida Intellectual Property | China | 3 Jan 2022

SPC deters bad-faith infringement claims

In June 2021, the Supreme People's Court issued its Reply on the Issue of the Defendant's Request for Compensation for Reasonable Expenses on the Grounds of the Plaintiff's Abuse of Rights. This document suggests that when a rights owner faces a bad-faith infringement claim, it is possible to argue the existence of an abuse of rights and ask the court to order the plaintiff to compensate for......
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Wanhuida Intellectual Property | China | 29 Nov 2021

Procter & Gamble fends off unreasonable patent lawsuit in China

In what is becoming an increasingly common occurrence, another multinational corporation has become the target of unreasonable patent assertion in China. Brand owners should familiarise themselves with the facts of this case in order to take evasive action against opportunists. The newly amended Patent Law provides a remedy against bad-faith assertions, meaning that multinationals with more......
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Cordato Partners | Australia | 16 Nov 2021

Construction business loses its name to a competitor

The Federal Court has ordered Henley Constructions to stop using its name because it is deceptively similar to 'Henley Properties', a trade mark used…
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De Berti Jacchia Franchini Forlani Studio Legale | Russia | 3 Nov 2021

Taxpayers are entitled to recover losses caused by bad-faith counterparts

Recently the Russian Supreme Court decided a case (Ruling 09.09.2021 N 302-ES21-5294), which can play an important role in future resolution of…
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Duane Morris LLP | USA | 1 Nov 2021

California Raises the Price of Survival Actions - Will Allow Recovery of Decedent’s Pain, Suffering, or Disfigurement

Long-standing California law explicitly precluded recovery of damages for a decedent’s pain, suffering, or disfigurement in a survival action (i.e. A…
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Wanhuida Intellectual Property | China | 25 Oct 2021

Online infringement in China – legislation update

In response to criticism regarding the delisting procedure offered by e-commerce platforms and the lack of effective actions by major e-commerce platforms to prevent IP infringements, the Supreme People's Court released two judicial documents: one that is generally applicable to all internet service providers and one that targets e-commerce platforms. In general, these two judicial documents......
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Pinsent Masons | United Kingdom | 18 Oct 2021

Trademark applications can be "instruments of fraud"

In a recent significant judgment, the High Court has opened up a potential new cause of action for trademark owners seeking to challenge third-party applications to register identical or confusingly similar UK trademarks. The judgment extends the reach of One in a Million to provide that a mere application by a third party to register a UK trademark without having a connection with that mark......
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