Bad faith

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WIPO panel finds that Danish start-up Acubit engaged in reverse domain name hijacking

By AWA | Posted on April 29, 2020

Technology start-up Acubit claimed that Danish trademark rules and practice should assign domain names to the relevant trademark owner. A panel from the WIPO Arbitration and Mediation Centre disagreed, as the UDRP governs in case of reverse domain name hijacking.  Background Founded in 2016, Acubit A/S is a Danish start-up, which develops technology to locate people and objects around...

Tags: Bad faith, Denmark, domain hijacking, domains, mediation, trademarks, UDRP, WIPO

China further curbs bad-faith trademark applications

By Ai-Leen Lim | Posted on April 20, 2020

Provisions enacted alongside China’s recently amended Trademark Law seek to effectively regulate bad-faith trademark filings including penalties through the nation’s social credit system In response to the bad-faith application regime, the China National Intellectual Property Administration (CNIPA) published Several Provisions for Regulating the Application for the Registration of Trademarks (Draft) on February 12, 2019. The...

Tags: applications, Bad faith, china, CNIPA, IP, malicious, registration, trademarks

China Tackles Bad-faith Trademark Registrations

By Ai-Leen Lim, Ashley Zhao | Posted on June 4, 2019

The China National Intellectual Property Administration has published Draft Regulations in an effort to tackle bad-faith trademark applications. In this article, we take a closer look at the (i) Draft Regulations for Regulating the Application for the Registration of Trademarks, (ii) revisions to the PRC Trademark Law (wef November 1, 2019) and (iii) recently issued...

Tags: AIPLA, Bad faith, Beijing Court, china, Guidelines, INTA, regulations, trademark law, trademarks

Beijing High Court rejects Thermos’ appeal in invalidation proceedings

By Ai-Leen Lim | Posted on May 28, 2019

Over a decade ago, a Chinese company filed for the mark TILIR THERMO VOGUE in Class 21 for use on goods including vacuum bottles. Attempts by insulated container manufacturer Thermos to invalidate this mark over the past three years were put to an end by a recent decision from the Beijing High Court. Background In...

Tags: Bad faith, china, Infringement, registration, Thermos, trademark law, trademarks

Conditions for bad faith in Sweden

By Niclas Dahlberg | Posted on May 10, 2017

The Patent and Market Court has recently in a decision (case PMÄ 15622-16), dated 25 April 2017, ruled that knowledge of someone else’s prior use of a trademark alone does not suffice to constitute bad faith. A Swedish company applied for registration of the trademark “Lyckliga Gatan” for clothes in Class 25. The Opponent filed...

Tags: Bad faith, sweden, trademarks

Recent contributors

Ylva Strandberg, Counsel and AU and NZ Patent Attorney, Stockholm, Sweden

Ylva Strandberg

Counsel, AU and NZ Patent Attorney

Hongyue Li, Senior Associate and China Patent Attorney, Beijing, China

Hongyue Li

Senior Associate, China Patent Attorney

Isa Böttiger, Associate and Attorney at Law, Stockholm, Sweden

Isa Böttiger

Associate, Attorney at Law

Ylva Wikmark, Counsel and European Patent Attorney, Stockholm, Sweden

Ylva Wikmark

Counsel, European Patent Attorney

Ashley Zhao, Partner and Attorney at Law, Beijing, China

Ashley Zhao

Partner, Attorney at Law, Business Area Manager

Alexandre Theodorou, Partner and European Patent Attorney, Brussels, Belgium

Alexandre Theodorou

Partner, European Patent Attorney