Infringement
Protecting against digital trademark infringement
By AWA | Posted on March 31, 2020
Over the past few years, digitalisation has brought immense business opportunities with new commerce concepts and marketing possibilities constantly appearing. Digital development also creates vulnerability and increases threats to businesses. If companies fail to protect themselves, they risk brand dilution and losing market competitiveness. In a recent survey from trademark research and protection organisation CompuMark,...
Tags: advertising, digital assets, domain hijacking, domain names, Infringement, social media, trademarks, UDRP
China’s upcoming amendments to the Patent Law include punitive damages
By AWA | Posted on March 19, 2020
Last year saw a wave of legislative activity in China. The effects are being felt as different pieces of legislation become effective. The resonating theme is that China is putting an IP protection framework in place that meets the demands of both foreign parties and domestic entities. This can be seen in particular with the...
Tags: china, Infringement, IPR, ISPs, patents, PRC Patent Law, punitive damages
EUIPO figures reveal that trademark infringement is an expensive business in Denmark
By AWA | Posted on January 20, 2020
The 2019 Status Report on IPR Infringement from the European Union Intellectual Property Office (EUIPO) reveals that the annual sales lost due to counterfeiting in Denmark amount to €828 million. This represents 4.2% of the total sales in the 11 sectors covered by the report, which included cosmetics and personal care, clothing, footwear and accessories and pharmaceuticals....
Tags: cosmetics, counterfeits, Denmark, EUIPO, Infringement, personal care, Pharmaceuticals, trademarks
AMS Neve vs. Heritage Audio: What does the CJEU ruling mean for online infringement cases?
By AWA | Posted on November 20, 2019
EU-trademark owners receive much needed clarity on jurisdiction in online infringement cases The internet’s boundless nature provides EU-trademark owners with a wider audience, but multiplies the risk of infringement. With trademark infringement occurring all over the world, EU-trademark owners are left wondering what can be done and where legal actions can be initiated to protect...
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
Danish court rules on first case since 1925 which establishes indirect patent infringement
By Mette Parlev | Posted on March 29, 2019
The rule on indirect infringement has been part of The Patents Act in Denmark for over 40 years. During that time, the rule has rarely been cited and up till now the most recent instance from the Maritime and Commercial Court was a case between Etradan BS A/S and Abena A/S (Case No. T-8-10) from...
What export waivers mean for European Supplementary Protection Certificates
By Louise Jonshammar | Posted on February 12, 2019
Louise Jonshammar takes a closer look at the final mandate surrounding export waivers for European Supplementary Protection Certificates, what it means for applicants and holders and the importance of monitoring once the Regulation comes into effect Supplementary Protection Certificates (SPC) offer patent owners an extension of up to five years of the basic patent’s...
Tags: Brexit, EU, export waiver, generics, Infringement, patents, SPC
Did Dunhill score big in China litigation case?
By Ai-Leen Lim | Posted on February 1, 2019
In October 2018, UK luxury goods brand Dunhill announced that it had won a trademark battle against Chinese menswear brand Danhouli. The Foshan Intermediate People’s Court in Guangdong Province awarded Dunhill Rmb10 million (approximately $1.5 million) in an infringement case involving its well-known mark. The court also determined that Danhouli was guilty of unfair competition...
Tags: brands, china, Infringement, Litigation, Trademark, unfair competition
Louboutin trademark case: The red sole verdict
By Angela Boman | Posted on June 12, 2018
Today, the Court of Justice of the European Union (CJEU) stated that a sign such as the Louboutin’s trademark is intended purely to show the positioning of the red colour covered by the registration and not consisting ‘exclusively‘of a shape (Case No. C-163/16) The French shoe designer Christian Louboutin is defending its BENELUX trademark registration...
Tags: Christian Louboutin, design, Infringement, Louboutin, Netherlands, red sole, red soles, ruling, shoe designer
Tesla and Nikola Motor fight over futuristic truck design in billion dollar law suit
By Mikael Andersson | Posted on May 3, 2018
On 1 May, Nikola Corporation filed a law suit against Tesla Inc. In the court filing, Nikola Corporation claims that Tesla Inc. infringes three US design patents protecting the overall shape of the fuselage, the wrap windscreen, and the side door. Nikola Corporation, more known as Nikola Motor, is a US start-up company developing fully-electric...
Tags: design patent, Infringement, law suit, Nasdaq, Nikla Motor, Nikola Corporation, semi-truck, Tesla
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