In National Business Forms and Printing Inc v Ford Motor Co, the US Court of Appeals for the Fifth Circuit has held that a commercial printer company that offered reproduction of trademark-protected corporate logos for use in custom design and printing services did not use the marks in commerce, as required for a finding of trademark infringement under federal law.
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Traditionally, plaintiffs seeking to prove the materiality of allegedly misleading advertising have had to do so through the results of expensive and time-consuming surveys. However, in Skydive Ariz Inc v Quattrocchi, the US Court of Appeals for the Ninth Circuit has departed from this rule, in the process producing a rare opinion unambiguously accepting declaration testimony as proof of materiality.
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The Supreme Administrative Court has upheld a decision of the Commission for the Protection of Competition to impose a fine on Bulgarian cosmetics manufacturer TSH Cosmetics for producing and selling children’s shampoo that was similar to that produced by Bulgaria’s oldest cosmetics company, Alen Mak.
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The Supreme Court has issued its decision in a dispute between NonStop Television, which manages a television channel called TV 7, and a company registered as TV 7 Stockholm AB over the latter’s use of its company name. The guidelines set forth by the Supreme Court in this case establish a fundamentally new approach to the requirement of ‘genuine use’ for companies.
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After winning a landmark IP case against Century Baoma in 2009 at the Hunan Supreme People’s Court, German car manufacturer BMW has won another case at the Beijing Number 2 Intermediate People’s Court against a Chinese company which appears to be related to Century Baoma.
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After winning a landmark IP case against Century Baoma in 2009 at the Hunan Supreme People’s Court, German car manufacturer BMW has won another case at the Beijing Number 2 Intermediate People’s Court against a Chinese company which appears to be related to Century Baoma.
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In DentalCare – Centro de Medicina Dentária Lda v Dental Link Consultoria de Gestão Lda, the Supreme Court has held that the likelihood of confusion between two DENTAL CARE marks and the corporate name Dental Care was practically non-existent. The decision shows that the courts are likely to consider that a certain degree of likelihood of confusion is compatible with fair competition.
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The Advertising Standards Authority has ruled that retailer Woolworths (Pty) Ltd must stop using the phrase ‘good old fashioned’, as it imitates beverage manufacturer Frankie’s Olde Soft Drinks’ ‘good old fashioned soft drinks’ advertising slogan. Woolworths had argued that the phrases ‘old fashioned’ or ‘good old fashioned’ are descriptive and do not qualify as advertising property.
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The Barcelona Court of Appeal has dismissed a civil complaint filed by the Spanish Red Cross against Happy Pills SL, a confectionery distributor, for infringement of its rights in the Red Cross emblem. Among other things, the court found that the defendant’s rounded fuchsia cross did not constitute an imitation of the Red Cross.
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The Inspección de Personas JurÃdicas, the authority in charge of approving the incorporation of legal entities, has, for the first time, dealt with a conflict between a company name and a trademark. Even though it did not actually decide on the conflict itself, it stated that the notoriety of the mark must be “objectively known” and that the rejection of a company name on this ground would be exceptional.
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