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Entrepreneurs use eBay to raise funds for trademark dispute
A small business in the United States is fighting a trademark infringement allegation by inviting supporters to fund the challenge via eBay.
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December 12 2008
CTM fee reduction on track despite Commission confusion
The head of the Administrative Board at OHIM has said the body will work towards implementing the proposed reduction in fees for registering a CTM, despite rumours that the European Commission’s own ideas to cut the costs in the economic downturn may jeopardize the plan.
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December 11 2008
INTA applauds Microsoft anti-counterfeiting action
The International Trademark Association has praised Microsoft's fight against counterfeit software.
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December 10 2008
Features
Arab states move to strengthen GI protection
Lebanon hit the headlines recently after becoming embroiled with Israel in a spat over the recipe for hummus, claiming it owned IP rights in the product. As the debate continues, practitioners across the Arab world are busy collecting data on what should be protected as geographical indications, and establishing a society for the cause.
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December 10 2008
Political challenges for trademarks in South Africa
With an election promised next year, the complex debate surrounding the famous springbok emblem still in the news and now a dispute over the name of a political party, WTR spoke to some of South Africa's leading trademark practitioners to assess the Rainbow Nation's IP policies – and what the future could hold.
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December 03 2008
Scrabulous: not yet game over
The Scrabulous Case is not over. Mattel may have won an injunction in India to stop the Agarwalla brothers’ infringing use of the SCRABBLE mark but the toy company has now launched an appeal against the copyright ruling. Practitioners expect it to go all the way to the Supreme Court.
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November 26 2008
More updatesUpdates
ANEW ALTERNATIVE will be perceived as slogan, says CFI
In Avon Products v OHIM, the CFI has upheld a decision of the Second Board of Appeal of OHIM in which the latter had held that the mark ANEW ALTERNATIVE was devoid of any distinctive character. Among other things, the CFI held that the mark would be perceived as an advertising slogan indicating that the products or services concerned offer an alternative to the existing goods or services.
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December 12 2008
United States
‘Flimsy’ Jones Day claims survive dismissal
In a decision that has generated howls of protest among observers, the US District Court for the Northern District of Illinois has declined to dismiss the service mark infringement and dilution claims brought by law firm Jones Day against real estate website Blockshopper.com. The case has raised concerns about a potential encroachment of trademark law into the field of online news reporting.
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December 12 2008
China
Shanghai company found guilty of imitating get-up of Johnnie Walker whisky
The Shanghai Second Intermediate People’s Court has ordered Blueblood (Shanghai) Wine Co to pay Rmb1.25 million (approximately $183,000) in damages to Diageo Brands BV for imitating the get-up of its Johnnie Walker Black Label whisky. The decision was based on Article 5 of the Anti-unfair Competition Law, rather than on a finding of trademark infringement.
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December 12 2008
India
First decision on Section 29(4) of the Trademarks Act issued
In Ford Motor Co v Borman, the Delhi High Court has addressed the issue of the scope and intent of Section 29(4) of the Trademarks Act 1999 for the first time. The court set aside the decision of the single judge on the grounds that Ford Motor Co’s claims could not be assessed without full trial.
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December 11 2008
European Union
COYOTE UGLY rejected for cocktail lounge and nightclub services
In Group Lottuss Corp v OHIM, the CFI has upheld a decision of the Board of Appeal of OHIM in which the latter had held that the application for the registration of the figurative mark COYOTE UGLY for goods and services in Classes 9, 41 and 42 should be rejected for “cocktail lounge services” and “services for discos and nightclubs”, but not for goods in Class 9 and services relating to cultural activities.
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December 11 2008
International
Draft Applicant Guidebook for new gTLDs released
The Internet Corporation for Assigned Names and Numbers has released the Draft Applicant Guidebook for generic top-level domains. Any organization, institution or geographical location will be able to apply for a new gTLD. However, there are important price considerations involved in registering a gTLD, which will probably keep the number of registrants to a small pool.
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December 11 2008
