trademarks
Balmain case highlights risk of using specialised public with low distinctive character marks
By AWA | Posted on April 20, 2020
Balmain’s appeal to the General Court demonstrates that applicants should not rely on a specialised public for goods or services when applying for a trademark Background Balmain is a French luxury fashion house founded in 1945, which operates globally across 16 stores. In addition to its iconic logo and coat of arms, Balmain uses a lion’s...
Tags: Balmain, enforcement, EU, General Court, IP, trademarks
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
Supreme People’s Court reverses position on OEM trademark use in Honda case
By Ai-Leen Lim | Posted on March 16, 2020
China’s highest court has reversed its stance on trademark use from original equipment manufacturers (OEMs) in this landmark case brought by Honda Background Honda owns China trademark registrations in relation to motorcycles and other goods in Class 12 for the following marks: Chongqing Heng Sheng Group Limited (Heng Sheng) contracted with the Burmese Meihua Company...
Tags: china, Dongfeng, Honda, IPR, OEM, PRETUL, SPC, trademarks
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
Alibaba’s DOUBLE 11 trademark: JD.com sues China’s IP authority
By Ai-Leen Lim | Posted on January 6, 2020
Singles’ Day falls on 11 November in China. Since 2009, it has become a 24-hour shopping extravaganza, with international and local brands offering discounts. China’s biggest e-commerce company, Alibaba, hit a record $38 billion in sales this year, with $1 billion worth of goods sold in the first minute and eight seconds. The online direct...
Tags: Alibaba, china, CNIPA, consumer goods, Double 11, enforcement, JD.Com, 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...
Chanel loses Chinese trademark infringement case involving ‘double C’ logo
By Ai-Leen Lim | Posted on October 17, 2019
Background Chanel owns the registered trademark (the ‘double C’ logo) in Class 14 in China. In June 2016 the Guangzhou City Haizhu District Administration for Industry and Commerce (AIC) raided a jewellery store and found goods resembling the shape of Chanel’s ‘double C’ logo. Representatives from Chanel later confirmed that the goods were fake. The...
Tags: chanel, china, IP court, trademarks, unfair competition
Draft regulations cement China’s emerging position on tackling infringement
By Ai-Leen Lim | Posted on September 11, 2019
Draft regulations from the National Development and Reform Commission (NDRC) formalise China’s changing stance on asserting punitive damages for infringement, severely punishing criminal acts regarding IP rights and stating that IP rights should be fully protected. Background The NDRC leads China’s macroeconomic planning. It formulates and implements strategies for national economic and social development and...
Protection services available for top-level adult domains
By AWA | Posted on September 5, 2019
ICM Registry, operator of sponsored top-level domains (sTLDs) such as .XXX, .PORN, .ADULT and .SEX, has launched a blocking service allowing trademark holders to protect their brands from top-level adult domains. AdultBlock and AdultBlock+ ensure trademarks cannot be registered under the four adult-related sTLDs. A service was previously available for the .XXX sTLD, but that...
Tags: domain names, Dotkeeper, top-level domains, trademarks
EPO and EUIPO study finds link between IPR and SME growth
By AWA | Posted on July 9, 2019
A recent study by EPO and EUIPO explores the relationship between prior IPR activities of SMEs and the likelihood of experiencing a high-growth period. The purpose of the research was to investigate the following questions: Can the filing of IP rights be used as a reliable predictor of the likelihood that an SME will experience...
Tags: designs, EPO, EUIPO, high-growth, IPR, patents, SMEs, trademarks
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