During 2011 a number of cases shed light on the interpretation and scope of the statutory protection scheme for well-known marks in Singapore
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As online virtual worlds move away from a subscription-based revenue model, developers will increasingly seek advertising spend. While these virtual worlds offer a potentially huge platform to market products and services, trademark protection issues in the virtual world will mirror those in real life.
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Legal and fashion eyes turned to New York yesterday as oral arguments were heard in the high-profile dispute between Louboutin and Yves Saint Laurent. The outcome could have a significant impact on trademarks for source-identifying colours.
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In Jaitley v Network Solutions Private Ltd, the Delhi High Court has issued a permanent injunction preventing the defendants from using or transferring the domain name ‘arunjaitley.com’. The case is at the crossroads of cybersquatting, passing off, trademark infringement and common law personality rights.
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In Kumalo v Cycle Lab (Pty) Ltd, cycling star Andrew McLean’s shop Cycle Lab (Pty) Ltd was called upon to defend claims by ex-Miss South Africa and business personality Basetsana Kumalo that her rights had been abused. The facts of this case sit at the crossroads of passing off, trademark infringement, common law personality rights and the constitutional right to privacy.
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While celebrity endorsements can boost a brand, they
can also result in negative publicity and tarnish
reputations. To minimise risk to brand identity,
contracts should cater for every eventuality
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In H Stern Comercio e Industria SA v AN Arneel, the Tel Aviv District Court has issued a permanent injunction preventing the defendant from copying H Stern’s Giuliana diamond ring. However, while the court found that the defendant had infringed H Stern’s copyright, it concluded that there was no likelihood of confusion between H Stern’s five-pointed star and the defendant’s six-pointed star for trademark infringement purposes.
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In TV Venugopal v Ushodaya Enterprises Limited, the Supreme Court has held that allowing Ashika Incense Inc to sell incense sticks under the EENADU mark would “definitely create confusion in the minds of consumers�. Among other things, the court found that Ushodaya Enterprises Limited’s EENADU mark had acquired an extraordinary reputation and goodwill in the state of Andhra Pradesh in connection with newspapers.
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