Tag: Trade mark

1
The NFT Collection: NFT Basics and Opportunities (Part 1)
2
Does Brexit Always Mean Brexit?
3
Does Reputation Ensure Distinctive Character of a Trade Mark? Not Necessarily
4
EUIPO 2 : AC Milan 0 – AC Milan Fails to Register Its New Club Crest in the EU
5
UAE to Join the Madrid Protocol
6
Full Federal Court Decision Reaffirms That There Is No Infringement By Authorisation Under Australian Trade Mark Law
7
Registrability of Shape Marks and Technical Function of Complex Products: The Pirelli Case
8
Australia’s Greatest Liability: Parodic Fair Use or Copyright Infringement?
9
“All Aboard” As Guerlain Departs From the Norm: The General Court of the EU Finds Distinctive Character in Boat Hull Shaped Lipstick Packaging
10
Planet Plumbing Trade Marks Head Down the Drain

The NFT Collection: NFT Basics and Opportunities (Part 1)

NFTs have gone mainstream. But what are NFTs? Should your business develop its own NFT? How are they regulated? In The NFT Collection series of alerts, we will delve into these questions to help your business understand this new technology.

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Does Brexit Always Mean Brexit?

The General Court recently decided the case Nowhere v EUIPO (Case T-281/21) and overturned the EUIPO decision (and general position) on the validity of UK earlier rights in the context of EU oppositions post-Brexit.

The EUIPO Communication No 2/20 made clear that the EUIPO will treat all UK rights to cease to be ‘earlier rights’ for the purposes of inter partes proceedings. However, the General Court held that the EUIPO Second Board of Appeal made an error in rejecting an opposition solely due to the UK earlier rights losing validity in the EU post-Brexit and that the relevant date to assess the validity of UK earlier rights should be the filing date of the opposed application.

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Does Reputation Ensure Distinctive Character of a Trade Mark? Not Necessarily

The General Court of the European Union (EGC) handed down its decision on the invalidity proceeding brought against the well-known Moon Boot 3-D trade mark registration. The GC took a close look into the distinctiveness of 3D signs, providing new guidance on the subject.

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EUIPO 2 : AC Milan 0 – AC Milan Fails to Register Its New Club Crest in the EU

AC Milan is one of Europe’s most decorated football clubs with seven European Cup/Champions League titles and 18 Serie A (Italian league) titles. However the Rossoneri, as the club is affectionately known, recently came up against an unfamiliar opponent in an unfamiliar field of play, being in the General Court of the European Union (the General Court), following their attempts to register their club crest as a trade mark.

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UAE to Join the Madrid Protocol

In great news for companies that file trade marks internationally, the Government of the United Arab Emirates has agreed to join the Madrid Protocol from 28 December 2021.

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Full Federal Court Decision Reaffirms That There Is No Infringement By Authorisation Under Australian Trade Mark Law

The Full Court of the Federal Court of Australia has reaffirmed that a registered trade mark can only be infringed by the primary user of a trade mark and there is no concept of authorisation of infringement recognised under Australian trade mark law.

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Registrability of Shape Marks and Technical Function of Complex Products: The Pirelli Case

The CJEU has rendered its decision on the invalidity actions brought by Yokohama against the below shape mark filed by Pirelli. The mark represents a single groove of a tyre tread, covering “tyres, solid, semi-pneumatic and pneumatic tyres, rims and covers for vehicle wheels of all kinds, vehicle wheels of all kinds, inner tubes, wheel rims, parts, accessories and spare parts for vehicle wheels of all kinds“ in class 12.

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Australia’s Greatest Liability: Parodic Fair Use or Copyright Infringement?

Many companies and activists toe the line of trade mark and copyright infringement in the name of parody, satire and criticism. In Australia, the fair dealing copyright exception for the purpose of parody or satire had rarely been judicially considered. There have now been two recent cases considering the defence.

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“All Aboard” As Guerlain Departs From the Norm: The General Court of the EU Finds Distinctive Character in Boat Hull Shaped Lipstick Packaging

In what will be welcomed by innovative design brands, on 14 July 2021, the General Court of the EU handed down a decision annulling the EUIPO and Board of Appeal’s decisions that a mark filed by Guerlain lacked distinctive character. This decision emphasises that a distinctiveness assessment of a three-dimensional mark must be undertaken by reference to the specifics of common practice in the market for the relevant products.

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Planet Plumbing Trade Marks Head Down the Drain

The importance of ensuring trade mark registrations accurately reflect the marks in usage has been brought into sharp relief by the recent decision of a Delegate of the Registrar of Trade Marks in Planet Plumbing SW Works Pty Ltd v Green Planet Maintenance Pty Ltd [2021] ATMO 32.

The Hearing Officer directed that registrations for two “Planet Plumbing” logos be removed from the Register after the owner, Planet Plumbing SW Works Pty Ltd (PP) failed to defend against a non-use application by Green Planet Plumbing Pty Ltd (GPP) under section 92 of the Trade Marks Act 1995 (Cth) (the Act).

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