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News about trademarks

Trademarks, whether they are strong, beautiful or special, play an important role in our daily lives. All brands have their own story, their own context within which they develop. Investing in the value of a trademark is an important part of a business’s strategy since the value of a trademark or trademarks to a great extent determines the profitability of the organisation and thus its value. With practical situations as a focus, this section sets out all relevant and interesting developments in the field of trademark law.

The EU’s Trademark Reform Package - what does it mean in practice?

28-07-2015

Reforms to the EU’s trademark system have been proposed to modernise European trademark law, and to make it more ‘effective, efficient and cohesive’. Following approval of the provisional agreement by the Council of the European Union earlier this month, the reforms took another step closer to reality. We set out the likely impact and benefits of the proposed changes.

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Lipsy case highlights importance of trademark monitoring online

27-07-2015

The fashion sector is a common target for counterfeiting, with fake products sold on lookalike websites, as well as social media and auction sites, such as eBay. Brands need to keep a watchful eye on activity if they are to stop infringers from profiting from their reputation and duping their customers with low quality rip-offs of their products. A recent case brought by popular fashion brand..

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Need to know: the Madrid System and International Trademarks

15-07-2015

The Madrid System for the international registration of marks offers brand owners the opportunity to apply and maintain protection for trademarks in more than 90 countries via one single procedure, in one language and one set of fees. However, levels of protection can vary and the process is not without its shortfalls. Novagraaf’s Claire Jones explains how to make best use of the system.

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The state of counterfeiting in the European Union

14-07-2015

Europol and the Office for Harmonization in the Internal Market (OHIM) have released a joint report on 2015 counterfeiting situation in the European Union. Relying on contributions from Member States’ enforcement authorities and the private sector, the report identifies the main traits of the trade in fake goods, and provides illustrative case studies. Key findings include:

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Infringed, but invalid: Key lessons from Sofa CTM challenge

09-07-2015

Last month, the IP Enterprise Court issued a decision in an infringement action based on two Community Trade Marks (CTMs) for SOFA WORKSHOP. In a lengthy, but must-read decision, Judge Hacon found that the two CTMS were invalid and liable to be revoked for non use, despite the extensive use and reputation of the trademarks in the UK. Of some comfort to the claimant, Sofa Workshop, it did succeed..

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German supermarket chain shuts down Ilovealdi.com

03-07-2015

It may have been registered as a fansite, but Aldi has revealed a zero tolerance approach to trademark infringement in its action against ilovealdi.com. The German supermarket chain used WIPO’s UDRP procedure to successfully shut down the site.

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Adidas earns its stripes again

29-06-2015

Last month (21 May), the General Court of the European Union overturned an earlier decision by the Office for Harmonization in the Internal Market (OHIM) regarding Adidas's trademark three stripes. OHIM had ruled that there was no similarity between Adidas's three stripes and the two stripes of its competitor Shoe Branding Europe. However, the General Court decided differently, taking Adidas's..

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Unlike blocks, 3D marks for Lego figures held to be valid

26-06-2015

On 16 June, the EU General Court held as valid Lego’s three-dimensional trademark for its figures. This will be a relief for the toy company after it lost trademark rights to its iconic bricks in 2010. Novagraaf’s Zoeloe van der Linden examines why the mark protecting the figures succeeded where the one covering the blocks did not.

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Are your IP contracts in order?

25-06-2015

Contracts are part and parcel of business activity, and that’s also true for contracts relating to IP rights. Confidentiality agreements, licence agreements, merger or acquisition, sale or divestment, employee-inventor remuneration agreements… these are just some of the types of contracts that touch on a company’s IP portfolio. However, some contracts are more common than others...

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‘Wake up – don’t fake up!’: counterfeiting and cosmetics

17-06-2015

In a bid to encourage consumers to ‘Wake up– don’t fake up!’, the City of London Police IP Crime unit (PIPCU) recently set up a campaign to highlight the dangers of buying and using counterfeit goods, such as make-up, perfume, electrical hair stylers and sun-cream. PIPCU had noticed that the UK cosmetics industry, in particular, is highly prone to counterfeiting, causing concern for..

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