In an infringement action filed by Spirits International BV, the owner of the trademarks STOLICHNAYA, MOSKOVSKAYA and RUSSKAYA, against a former sub-licensee of these marks in Estonia, the Harju County has ruled that the transfer of ownership of goods as a security for a loan did not amount to putting the goods on the market.
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In Shapiro Cohen v Cubatabaco, the Federal Court of Appeal has confirmed that there are various ways in which a trademark owner which has licensed the use of its trademark can prove that it has control over the character or quality of the goods/services offered in association with the mark. The case is an important reminder to owners of Canadian trademarks that there are very specific Canadian licensing requirements.
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In Idameneo (No 789) Ltd v Symbion Pharmacy Services Pty Ltd, the Full Court of the Federal Court of Australia has held that, in considering whether a trademark was “capable of being confused with� another mark, the trial judge had erred by deciding this question in the absence of evidence from persons who are accustomed to dealing in the relevant specialised market in which the parties competed.
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One of the main reasons for allo wing sub-licensing is to maximise the revenue generated under a trademark, but licensors have to ensure that they receive a share of the benefit. This is just one of the considerations that need to be tackled in licensing agreements
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A contract dispute between Dr Pepper Snapple and the Dr Pepper Bottling Company of Dublin, Texas, has been framed as a David v Goliath story, but behind this narrative lies a straightforward trademark licensing dispute – one that highlights the tension between a trademark owner’s right to control its mark through licensing and the parties’ course of dealing.
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In In re XMH Corp, considering the fate to befall certain trademarks upon an owner’s bankruptcy, the US Court of Appeals for the Seventh Circuit Court has determined that a trademark licence is not assignable without the owner’s express permission or in the absence of a clause explicitly authorising assignment, and that a trademark licence cannot be implied from a contract for services.
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In John C Flood of Va Inc v John C Flood Inc, the US Court of Appeals for the District of Columbia Circuit has affirmed the district court’s decision in a long-running trademark dispute between two companies using virtually identical marks on identical services in overlapping geographical areas.
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In Jean Christian Perfumes Ltd v Thakrar (trading as Brand Distributor or Brand Distributors Ltd), John Baldwin QC, sitting as a deputy judge in the High Court of England and Wales, has ruled that even an oral licensee of a Community trademark can sue for infringement.
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News broke recently that fashion designer and licensor extraordinaire Pierre Cardin is planning to sell his brand for $1.5 billion. The matter has prompted trademark attorneys around the world to question how Cardin arrived at that figure, and whether a reputation for licensing his name into diversified sectors has boosted the value in or stripped worth from his global brand.
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In Eva’s Bridal Ltd v Halanick Enter Inc, the US Court of Appeals for the Seventh Circuit has held that the plaintiff, a bridal clothing business, did not exercise sufficient quality control over services rendered under its trademarks to survive an abandonment challenge, despite the fact that it had no reason to doubt the standards employed by its licensee.
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