For many years China has made deliberate attempts to model itself as a strong intellectual property (IP) economy. The Chinese IP system continues to evolve, and, most recently, changes coming into effect on 1 November 2019 have been made to
2019
The perilous legal protection of the shape of product
In its decision dated 24 October 2019 (Case T601/17, Rubik’s Brand/EUIPO – Simba Toys), the General Court of the European Union has confirmed the invalidity of the European Union’s three-dimensional trade mark “Rubik’s Cube”, which consists of the shape of…
Securing a Site-blocking Order in Canada: Sure! But how?
The Federal Court has recently issued an order compelling Internet service providers (ISPs) to block their customers from accessing pirate subscription streaming sites operated by anonymous defendants. Although Bell Media Inc. v. GoldTV.Biz, 2019 FC 1432 is the first…
It’s all kicking off: AG gives opinion in Sky v SkyKick CJEU reference
In one of the most – if not the most – hotly anticipated and significant trade mark cases of the year, the EU Advocate General, Evgeni Tanchev, on 16 October 2019, handed down his Opinion in the Sky v Skykick…
Authorised use or something fishy? – Implications for trade mark ‘use’ in Australia in the inter-company context
Trade mark licensing arrangements can often offer significant benefits for trade mark owners by increasing brand exposure and royalty revenue streams. However, as we have previously reported, recent Australian cases (such as Lodestar Anstalt v Campari America LLC [2016] FCAFC…
Liverpool FC’s trademark proposal receives a red-card from the UK Intellectual Property Office
Liverpool FC may be making good progress this season, however, off the pitch they have suffered a defeat in a controversial attempt to trademark the word ‘LIVERPOOL’.…
CIIs – The Australian Full Court Encompass Decision
Overview
The patentability of computer implemented inventions (CII) has long been a contentious topic in Australian patent law.
A few months ago, we wrote about Justice Robertson’s decision in Rokt Pte Ltd v Commissioner of Patents, which…
No damages without invalidation ab initio – a look at Wenger SA v Travelway Group International Inc
A valid trademark registration is an absolute defence to claims of passing off where there is no significant difference between the impugned mark as registered and the mark being used.[i] This is because a trademark registration gives the trademark…
Review of sugar labelling a sweet victory for health advocates, and yet more packaging and labelling changes required for business in Australia?
Shoppers reaching for a sweet, refreshing bottle of soft drink may soon find themselves confronted by the sour reality of 33 small icons of teaspoons – equivalent to the average sugar content of 1.25 litres of soft drink (see…
Appoint your Canadian Trademark Agent for Peace of Mind for Madrid applications
On June 17, 2019 Canada acceded to the Madrid Protocol. Foreign applicants can now file a single International trademark application with the International Bureau of World Intellectual Property Organization (WIPO) and request trademark protection in Canada.
Generally, the Canadian Intellectual…