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Passing Off

Found 14 legal briefings

Making your mark in China - how to protect intellectual property

A string of disputes in the Chinese courts have proven damaging to some global brands. Wragge & Co's China-based IP team provide an overview of the legal pitfalls surrounding the registration of Chinese language and Chinese character trademarks translated from the English or European trademarks.

Law Firm: Wragge & Co | Published: 08 May 2012 | Practice Area: Trademarks

Rating: 4 people found this useful

Supreme People's Court of China provides guidance on trademark infringement cases

On 16 December 2011, the Supreme People's Court of China issued a set of Opinions which provide several guidelines on the trial of trademark infringement cases, which touch upon deliberate plagiarism; determination of similar trademarks; relatedness of goods; well-known trademarks; and defense.

Law Firm: King & Wood Mallesons | Published: 05 April 2012 | Practice Area: Trademarks

Rating: 2 people found this useful

What's in a name? South Africa's "good old fashioned" IP dispute

In this article, ENS' IP experts discuss the recent high-profile dispute between soft drink manufacturers Frankie's and the retail chain Woolworths regarding certain beverages placed on the market by Woolworths. ENS outline the background to the dispute, relevant IP case law and wider issues.

Law Firm: ENS (Edward Nathan Sonnenbergs) | Published: 13 February 2012 | Practice Area: Copyright

Logos and no-gos: ten recommendations for IP reform

Professor Ian Hargreaves has published his government-commissioned report looking at the UK’s legal and regulatory framework for IP, which provides recommendations to ensure that IP policy supports innovation and promotes economic growth in the digital age. Macfarlanes reports.

Law Firm: Macfarlanes LLP | Published: 14 June 2011 | Practice Area: Trademarks

Rating: 1 person found this useful

Due diligence in Asian IP acquisitions - how much is enough?

According to the Chinese, “sharpening the axe before chopping the tree is not a waste of time”. In the context of intellectual property, due diligence is critical, as Tilleke & Gibbins reports.

Law Firm: Tilleke & Gibbins | Published: 29 March 2011 | Practice Area: Copyright

Rating: 1 person found this useful

The Play Doh/Play Dough trademark debate

The judgment handed down in the high-profile case of Hasbro v 123 Nährmittel and another is good news for the owners of trade marks which have descriptive connotations. Wragge & Co discusses.

Law Firm: Wragge & Co | Published: 15 February 2011 | Practice Area: Trademarks

Rating: 5 people found this useful

The CMS Brand Review 2010

More than a decade since the Trade Marks Directive came into force, approximating trademark law across the EU, the legal picture remains as diverse as the nations that compose the union. The CMS Brands Review combines report and analysis on some of the key cases before the ECJ in the recent years.

Law Firm: CMS | Published: 13 October 2010 | Practice Area: Trademarks

Rating: 2 people found this useful

Maker of Vodkat fails to convince Court of Appeal that extended passing off is now too broad

Wragge & Co reports that he Court of Appeal has upheld the judgment of Arnold J in January that Intercontinental Brands passed off its VODKAT product as vodka and thereby caused damage to the manufacturer of SMIRNOFF vodka, confirming the apparently broad scope of "extended passing off".

Law Firm: Wragge & Co | Published: 27 August 2010 | Practice Area: Passing Off

Rating: 1 person found this useful

Hong Kong shadow companies targeted by improved brand enforcement measures

The Companies (Amendment) Bill 2010, which has been welcomed by brand owners, was passed in July 2010. The effect of the Bill is that in the future less time and money will need to be spent in court proceedings to obtain and enforce orders for the change of a shadow company's name.

Law Firm: Hogan Lovells | Published: 18 August 2010 | Practice Area: Copyright

Anti counterfeiting alert - the ‘simplified procedure’

In June, HMRC issued the final version of the 'simplified procedure' for the abandonment and destruction of goods suspected of infringing intellectual. This briefing discusses whether the procedure is, in practice, any simpler for those trying to protect their intellectual property rights.

Law Firm: SJ Berwin | Published: 14 July 2010 | Practice Area: Trademarks

Rating: 2 people found this useful

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