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European “INTERMEDIARIES” MAY BE FORCED TO TAKE ACTIVE MEASURES AGAINST TRADEMARK INFRINGEMENT COMMITTED BY THIRD PARTIES
Recent cases in the Court of Justice of the European Union and the Court of Appeal of England and Wales have addressed the question of whether those who provide facilities to persons who infringe the trademark rights of others may themselves be...
Read ArticleDIAMONDS IN THE ROUGH: TTAB REFUSES REGISTRATION FOR REPEATING PATTERN
In a precedential decision in In re Fantasia Distribution Inc, Serial 86185623 (September 21 2016), the Trademark Trial and Appeal Board (TTAB) held that a repeating diamond design pattern appearing on an electronic hookah was merely decorative and...
Read ArticleTHE ZERO SUM GAME IN THE COLA WARS
In Royal Crown Company and Dr Pepper/Seven Up Inc v The Coca-Cola Company, Opposition 91178927, each party opposed the other’s trademark applications containing the term ZERO for soft drinks, sports drinks and energy drinks. Although Coca-Cola was...
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INDIA’S NEW NATIONAL INTELLECTUAL PROPERTY RIGHTS POLICY
On May 12, 2016 India published its National Intellectual Property Rights Policy (National IPR Policy) to raise awareness about the importance of IPR’s as a tool for financial and economic advancement. The mission of the National IPR Policy is to...
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The Effect of The Brexit (UK Departure from EU) on IP Rights
In a June 23, 2016 referendum, the combined electorates of the United Kingdom and Gibraltar voted in favor of leaving the European Union (EU). According to Article 50 of the Treaty on European Union (TEU), the United Kingdom will leave the EU two...
Read ArticleCALIFORNIA DISTRICT COURT PUTS BABY IN A CORNER
In the United States, federal laws take precedence over state law and common law causes of action where there is an overlap. This lesson was recently learned again in Lions Gate Entertainment Inc v TD Ameritrade Services Co, where the Central...
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