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Intellectual Property

14 September 2020
Jurriaan Dane Groundbreaking judgment will result in quicker refusal of Benelux trademark applications for descriptiveness

International - AKD NV

The Benelux Court of Justice recently assessed whether the Benelux Office for Intellectual Property (BOIP) rightly refused the Benelux trademark PET'S BUDGET for being descriptive. The central question in this case was the criterion to assess whether a sign is descriptive. The implications of the case are groundbreaking since it will likely lead to quicker findings of signs or trademarks being descriptive and more refusals at the BOIP.

Authors: Jurriaan Dane, Bram Woltering
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Monica Syrdal Monster unleashed the beast, but was shot down by the court

Norway - Advokatfirmaet Hjort

International energy drink giant Monster Energy Company recently lost a trademark infringement claim against energy drinks start-up Manimal Energy before the Borgarting Court of Appeals. The appeal court also rejected Monster's claim that Manimal had copied Monster's products in violation of Norwegian marketing law. Despite this setback, Monster may still consider such action successful due to the chilling effect that it could have on competing brands and products.

Authors: Monica Syrdal, Øivind K Foss
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Petter Larsson Objective necessity to rebox in parallel trade and implementation of EU Falsified Medicines Regulation

Sweden - Westerberg & Partners Advokatbyrå Ab

In a recent case, the Patent and Market Court (PMC) elaborated on the concept of objective necessity to rebox medicinal products subject to parallel distribution in light of the implementation of the EU Falsified Medicines Regulation. The PMC's decision is a significant victory for originators, as it confirms that relabelling is still the main rule in Sweden and that reboxing remains the exception and requires evidentiary support of objective necessity by the parallel trader.

Authors: Petter Larsson, Jonas Löfgren
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Rebecca Liebowitz Pigment of our imagination? Colour trademarks could be inherently distinctive

USA - Venable LLP

Previously, in order for a brand owner to protect colour as a feature of its product packaging, it had to show that the colour scheme had acquired distinctiveness through extensive use in the marketplace. However, the Court of Appeals for the Federal Circuit recently ruled otherwise, creating new possibilities for brand owners to protect the overall look and feel of their packaging and strengthen their IP toolkit.

Authors: Rebecca Liebowitz, Renato Pérez
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Recent updates

Tishya Pandey Delhi High Court evaluates anti-suit injunction in trademark suit

India - Saikrishna & Associates

Author: Tishya Pandey
Rebecca Liebowitz USPTO prioritises certain COVID-19-related trademark and service mark applications

USA - Venable LLP

Authors: Rebecca Liebowitz, Andrew D Price
Hsiu-Ru Chien Is appearance design of drugs subject to protection under Fair Trade Act?

Taiwan - Lee and Li Attorneys at Law

Authors: Hsiu-Ru Chien, Yu-June Tseng
Beatriz Bejarano Modification of exceptional measures adopted due to COVID-19

Spain - Grau & Angulo

Author: Beatriz Bejarano
Kriton Metaxopoulos Journalism and copyright: range of damages awards for successful copyright claims

Greece - A & K Metaxopoulos & Partners Law Firm

Authors: Kriton Metaxopoulos, Irini Daroussou
Maricruz Cepeda Torres Protecting patent rights in Ecuador

Ecuador - Meythaler & Zambrano Abogados

Author: Maricruz Cepeda Torres
Qingqing Sang CNIPA upholds opposition filed by Marlon Brando's estate

China - Wanhuida Intellectual Property

Author: Qingqing Sang
Ian Mirandah Clarification of trademark registration process

Laos - Mirandah Asia

Author: Ian Mirandah

Upcoming events

WTR Connect 2020

Connecting Global Trademark Leaders

WTR Connect has been purpose-built for trademark and brand protection experts globally. From 6-15 October, WTR will be hosting more than 20 individual interactive digital sessions, designed to facilitate discussion, benchmarking and the sharing of best practice around key topic areas and challenges facing trademark and brand leaders.

For more details go to:

Patent Litigation 2020

10 November 2020 - Washington DC, United States

IAM’s Patent Litigation returns to Washington DC for its sixth year, bringing together leading IP experts in both litigation and policy. Well established as the must-attend event for anyone interested in how the legal and political climates shape the patent market, panellists will represent a broad cross-section of the patent community.

For more details please visit:

AI IP USA 2020

8 October 2020 - Boston, United States

AI is creating a seismic shift in the way that people interact with technology, disrupting every major industry along the way. But as AI continues to transform day-to-day processes, patent systems and IP managers are battling with its implications. IAM’s inaugural AI IP event will explore the latest strategies and insight that IP managers can use to keep up with AI innovation as it far outpaces the laws surrounding it.

For more details please visit: