07 Jun, 2024 Update on the Australian Federal Court’s approach to non-English word trade marks in relation to infringement and revocation By Shehana Wijesena Julian Ferguson Non-English words are increasingly used by Australian companies to market goods and services. In February, Justice Charlesworth of the...
30 May, 2024 Time’s Up: Growing Intermediary Liability for Online Platform Providers By Arthur Marsh rthurOn December 15, 2023, the Court of Appeal dismissed Samsung’s appeal of a High Court decision which held the tech giant liable for...
22 May, 2024 Look-alikes and trade dress protection: guidance from Italian Court on how brand owners can take enforcement action against third party imitators By Cristiana Andreotta To what extent can product packaging be an illicit look-alike of a competitor’s product packaging? A ruling by the Court of Turin...
05 Apr, 2024 Rising (and falling) from the steam – phoenix company liable for trade mark infringement By Shehana Wijesena Meggie Zhang Case Note: Steam Vac Cleaning Systems Pty Ltd v SV Equipment Pty Ltd [2024] FCA 68 Background Steam Vac Cleansing Systems Pty Ltd (SVCS)...
05 Apr, 2024 Fallen angel: Australian Full Court pops the bubble on additional damages in trade mark infringement By Shariqa Mestroni On 23 February 2024, five judges of the Federal Court of Australia overturned an award of damages against an e-marketplace provider,...
20 Mar, 2024 Important Changes to Company Name Tribunal Actions By Thomas Hooper Carina Rodriguez Lauren Ensign On 4 March 2024, the Economic Crime and Corporate Transparency Act 2023 brought several significant changes to Company Name Tribunal...
19 Mar, 2024 Battle of the supermarkets: Lidl prevail at Court of Appeal over Tesco’s use of Clubcard logo By Ewan Grist The high profile dispute between supermarket retailers Lidl and Tesco has now come to a head at the Court of Appeal, with Lidl emerging...
15 Mar, 2024 Supreme Court confirms that Amazon’s US website targeted UK consumers By Nick Aries The court did not change the law on ‘targeting’, affirming the summaries given by the Court of Appeal in the earlier Merck and Argos...
11 Mar, 2024 UK Supreme Court looks at ‘targeting’ for online TM use By Nick Aries In a decision issued this week, the Supreme Court has for the first time addressed the issue of when the use of a trade mark on a foreign...
20 Feb, 2024 Battle of the cloudy ciders – “benchmarking” and trade mark infringement By Fred Cascarini Sharon Mutizira On 24 January 2024, the UK IP Enterprise Court issued a judgment concerning Thatchers’ and Aldi’s lemon cider products. Aldi admitted...
15 Nov, 2023 Partners in Crime: The notion of “close connection” & international jurisdiction in EU trade mark infringement cases By Guillaume de Villegas In its judgment of 7 September 2023, the CJEU clarified that an EU trade mark holder can sue multiple defendants, domiciled in different...
12 Oct, 2023 Reasonable Royalties: over 350,000 EUR awarded by Court of Milan in trade mark infringement case By Francesca Rombola By judgment of April 17, 2023, the Court of Milan, holding on a case of trade mark infringement in the apparel sector, condemned the...
03 Oct, 2023 Beverly Hills Polo Club not infringed by Royal County of Berkshire Polo Club By Parisa Fard The High Court considered “how insubstantial the supposed evidence of confusion” was between the brandsThe claimants’ evidence of alleged...
20 Sep, 2023 Can emojis be trade marks? Thumbs down from EUIPO leaves applicant with sad face By Naji Tilley In Case R 2305/2022 Käselow Holding GmbH (1 June 2023), the EUIPO Board of Appeal (BoA) rejected an appeal against the refusal to...
13 Sep, 2023 It’s all fun and games – Trade mark on miniature models By Julia Präger Using a trade mark on miniature models does not take unfair advantage of the repute of the trade mark if the model is realistic and there...
20 Jul, 2023 Paris Court of Appeal Validates Louis Vuitton’s Use of Four-Leaf Clover in Jewellery Line By Para Vrhovac On June 23rd, 2023, a significant brand dispute reached its conclusion at the Paris Court of Appeal (n° RG 21/19404) as they delivered...