The Italian Supreme Court recognises the "Burberry check" as a trade mark with reputation

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/italy/the-italian-supreme-court-recognises-the-burberry-check-as-a-trade-mark-with-reputation

The Italian Supreme Court upheld Burberry’s appeal and decided that trade mark infringement can occur where there has been a partial reproduction of the trade mark where it is likely to create confusion with the earlier registered mark. This is especially ...

20 October 2020

Reports of Trade Mark Cases for CIPA September 2020

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/global/reports-of-trade-mark-cases-for-cipa-september-2020

In this month's report, we cover the High Court’s unusual approach to section 5(2)(b) in Asia Standard Management Services Ltd v Standard International Management LLC ([2020] EWHC 28 (Ch)) and Judge Clarke’s decision to refuse trade mark protection for the ...

13 October 2020

The Australian courts clarify the need for control by a trade mark owner when licensing a third party to use their trade mark

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/australia/the-australian-courts-clarify-the-need-for-control-by-a-trade-mark-owner

The Australian courts have clarified what amounts to sufficient control by a trade mark owner when licensing a related company or a third party to use their trade mark. Without this control, the trade mark owner risks losing their registration. View the ...

14 September 2020

Patents: no supplementary protection certificate for second medical use

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/global/no-supplementary-protection-certificate-for-second-medical-use

The European Court of Justice (ECJ) has held that a supplementary protection certificate (SPC) cannot be granted for a different application of the same product for which an earlier marketing authorisation (MA) had been granted.

07 September 2020

Reports of Trade Mark Cases for CIPA August 2020

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/uk/reports-of-trade-mark-cases-for-cipa-august-2020

In this month's report, we report on the General Court’s decision on genuine use in Diesel SpA v EUIPO; Sprinter megacentros del deporte, SL (T-615/18) and discuss AG Hogan’s opinion on the similarity between online marketplace services and retail services in ...

01 September 2020