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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
USA: Seal Shield, LLC v. Otter Products, LLC, United States Court of Appeals, Ninth Circuit, No. 15-55388, 30 January 2017
February 24, 2017

The federal district court in San Diego did not err in ruling on summary judgment that Seal Shield LLC failed to establish that its predecessor had used the mark LIFE PROOF in commerce in connection…

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Erica Vaccarello  (De Simone & Partners S.P.A.) , Fabio Angelini  (Bugnion S.p.A)
The devil is in the details: actual or constructive knowledge?
February 21, 2017

We all know that acquiescence is an absolute defense against infringement which occurs when a proprietor of an earlier mark has acquiesced, for a period of five successive years, to the use of a…

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Casey Joly  (ipSO)
Your trainee’s purchase in a store may not be admissible in the French courts: Finding new ways of getting good proof
February 16, 2017

Proving infringement in France has become just that wee bit more perilous after the Supreme Court’s decision of 25th January 2017. Saisie-contrefaçon, pioneered in France back in 1991 is still widely…

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Julius Stobbs  (Stobbs IP)
Are you threatening me? Unjustified threats almost creep into EU trade mark enforcement
February 15, 2017

Nvidia Corp v Hardware Labs (GTX) [2016] EWHC 3135 Ch For manufactures of steam engines in the late 19th century, tactics of systematically threatening to sue your competitors’ customers for…

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Jérôme Pernet  (Tradamarca)
SWITZERLAND: IPAD MINI – mini distinctiveness
February 13, 2017

Apple Inc.'s International Registration No 1152788 for the mark "IPAD MINI" was provisionally refused in Switzerland in 2014. The Swiss Trademark Office (IPI) considered that the mark was descriptive…

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Bettina Clefsen  (b/cl IP)
German Federal Patent Court cancels shape mark for sweets due to its mere technical function
February 10, 2017

Following a request for cancellation, the Federal Patent Court decided to cancel a shape mark for sweets arguing that it exclusively consisted of a shape necessary to obtain a technical result (…

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Carolina Pina  (Garrigues)
“TORO vs. BADTORO”: Head to head in a Spanish bullfight
February 08, 2017

The Spanish Supreme Court has held that there is no risk of confusion between the word trade mark "Toro" (owned by Osborne Group, S.A., the notorious beverage company) and the word trade mark "…

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Ulrich Hildebrandt  (Hildebrandt.)
Draft of a new Trademark Act (Markenrechtsmodernisierungsgesetz)
February 07, 2017

On 3. February 2017 the German Federal Ministry of Justice and Consumer Protection presented a draft of an act to implement Directive (EU) 2015/2436 of the European Parliament and of the Council to…

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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: Kroma Makeup EU, LLC v. Boldface Licensing + Branding, Inc, United States Court of Appeals, Eleventh Circuit, No. 15-15060, 18 January 2017
January 26, 2017

Kim, Kourtney, and Khloe Kardashian could not force the arbitration of trademark infringement claims that Kroma Makeup EU had brought against them, the U.S. Court of Appeals in Atlanta has ruled. The…

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Verena von Bomhard  (BomhardIP)
GOLDEN BALLS are true to their name – they’re back before the General Court
January 25, 2017

The GOLDEN BALLS saga continues: after losing in the last round before the Board of Appeal of the EUIPO, Golden Balls Limited has once again taken its case (or cause?) to the General Court in…

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