Last year was a busy one for the Court of Justice of the
European Union, with online intermediary liability, the use of advertising keywords and the role of customs author
ities in relation to counterfeit goods in transit high on its trademark agenda
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The American Academy of Motion Picture Arts and Sciences has sent a cease and desist letter to a Polish folk arts association after discovering that the latter had been handing out awards called ‘The People’s Oskars’. The academy insists that the word mark OSCAR is “inseparably associated with the Academy Awards”.
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The Beijing Number 1 Intermediate Court has ruled in favour of LVMH in a case involving an application by a Hong Kong company to register the mark LVMH. This case shows that the Chinese courts are tightening the net around trademark squatters – in the past, brand owners have encountered substantial difficulties in their fight against squatters if their marks were not recognised as well known or there was no clear evidence of bad faith.
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Trademark owners would be well advised to prepare now for 2015’s ASEAN Economic Community. While the development creates a number of opportunities for brand owners, there is also a need to ensure that IP protection is in place prior to harmonisation
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For regular jurisdictional updates, see WTR Daily. Delivered straight to your inbox, WTR’s regular email news service provides legal updates, industry analysis and the editor’s pick of the best trademark content from around the globe.
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While the ECJ’s decision in the joined Nokia and Philips
cases initially seems a blow to trademark owners, there are positive aspects
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Proposed changes to the EU Customs Regulation are designed to reinforce the current legal framework for customs’ actions, as well as tackling the trade in small consignments of counterfeit goods sent by post. However, this week commentators expressed disappointment over the scope of the proposals.
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For regular jurisdictional updates, see WTR Daily. Delivered straight to your inbox, WTR’s regular email news service
provides legal updates, industry analysis and the editor’s pick of the best trademark content from around the globe.
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WTR asked a range of trademark professionals, industry representatives and legal specialists to highlight the issues that they felt were most significant in 2011, either in their respective jurisdiction or internationally, and what they anticipate will be the major developments in 2012
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In Joined Cases Philips and Nokia, in a disappointing decision for IP rights owners, the ECJ has ruled that Customs may seize goods that are “in transit” through the European Union from non-member state to non-member state (under procedures that suspend normal Customs measures) only where there has been a “commercial act” in relation to the goods. It turned down the invitation to find that the “manufacturing fiction” could be applied to secure such seizure.
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