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Obama’s proposed attorney general good news for IP rights holders
Eric J Holder, a respected lawyer who recognizes the importance of intellectual property, has accepted the role of attorney general in Barack Obama's incoming government, according to US television network NBC. Full text
Liverpool Football Club abandons liver bird application
Liverpool Football Club has agreed to withdraw its application to register an element of its club crest that is seen to be in the public domain after loud opposition from the city council. Full text
ANC sues rival party over trademark application
The ANC, South Africa's ruling party, is today taking rival party Congress of the People to court over its name which the ANC argues is "confusingly similar" to a name in which it has rights. Full text
Features
Non-traditional marks in emerging markets: the new frontier?
Yahoo!’s recent success in registering the sound of its yodel in India shows that emerging markets are listening to brand owners' calls for greater flexibility in relation to non-traditional trademark registrations. But practitioners told WTR that the problems of describing a sound mark can sometimes present a challenge to registration, especially when registrars miss the beat set by legislators. Full text
Debate sparked by new European anti-counterfeiting plan
As the fight against counterfeiting and piracy in the European Union continues, the European Council has adopted a new resolution, welcomed by the European Commission, promising a more proactive approach. But brand owners and practitioners are questioning whether the new tactics have any teeth – and are hinting that political problems may ensue. Full text
Observers predict little change to IP policy under Obama
It may be a couple of months before Barack Obama moves into the White House, but he has already entered the history books. The strength of the Obama brand and the promise of change resulted in an emphatic victory. But some rights holders and commentators are sceptical that Obama's notion of change will extend to IP policy. Full text
More updatesUpdates
Metatag use leads to award of profits and attorneys' fees
In Venture Tape Corporation v McGills Glass Warehouse, the US Court of Appeals for the First Circuit has considered whether the unauthorized use of a trademark as a metatag constituted use upon which a finding of trademark infringement liability could be based. Answering in the affirmative, the court held that the defendant was liable for damages and for the payment of the plaintiff’s attorneys' fees.
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November 21 2008
European Union
Advocate General delivers opinion in Zovirax repackaging case
Advocate General Eleanor Sharpston has delivered her opinion in The Wellcome Foundation Ltd v Paranova Pharmazeutika Handels GmbH, a dispute involving the repackaging of ZOVIRAX-branded products. Among other things, the advocate general considered the issue of giving notice of intention to import repackaged products.
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November 21 2008
Canada
Application for leave to amend opposition referred back to TMOB
In Parmalat Canada Inc v Sysco Corporation, the Federal Court has ordered that Parmalat Canada Inc's application for leave to amend its statement of opposition be referred back to the Trademark Opposition Board for reconsideration. Among other things, the court found that the board had ignored relevant jurisprudence as to the scope of the grounds of opposition under the Trademarks Act.
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November 21 2008
European Union
PORT LOUIS registrable for textiles, says CFI
In Rewe Central AG v OHIM, the CFI has held that the trademark PORT LOUIS could be registered for goods in Classes 18, 24 and 25, despite the fact that Port Louis is the capital of Mauritius. Among other things, the CFI held that the Board of Appeal had failed to prove that PORT LOUIS indicated the geographical origin of the goods.
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November 20 2008
Israel
No miracle for publisher of religious law code
The Jerusalem District Court has dismissed claims of copyright infringement, misappropriation, passing off, unjust enrichment and defamation brought by Ketuvim Almog Ltd, the publisher of an indexed edition of Maimonides's Mishneh Torah (a classic code of Jewish religious law), against a Jewish institute of learning.
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November 20 2008
Switzerland
LAURA BIAGOTTI AQUA DI ROMA held to be deceptive
The Swiss Administrative Court has affirmed a decision of the Federal Institute of Intellectual Property in which the latter had refused to extend protection to Switzerland of the international registration for the figurative mark LAURA BIAGOTTI AQUA DI ROMA for perfumery on the grounds that such registration would be deceptive for goods not originating from Italy.
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November 20 2008
