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06-14-2018
Frouke Hekker, Novagraaf Nederland BV, The Netherlands
First published on www.novagraaf.com


EU General Court finds EW and WE to be not confusingly ...


Frouke Hekker, Novagraaf Nederland BV, The Netherlands, First published on www.novagraaf.comThe holder of the European trademark WE sought to prevent the registration of a figurative mark for the word EW, on the grounds that the marks were confusing similar, due to visual and phonetic similarities, as well as the similarities between the respective goods for which protection is sought. Both trademarks covered similar fashion-related products. EUIPO’s Opposition Division and later its Board of Appeal agreed; however, in its judgment of 4 May, the EU’s General Court annulled the EUIPO decisions. Likelihood of confusion is a key criteria when assessing the similarity of trademarks. To establish  read more

06-14-2018
Andrew Ndikimi, O&M Law LLP, Kenya

Recent Legal Development in Kenya - Enactment of the Co...


Andrew Ndikimi, O&M Law LLP, KenyaThe President of the Republic of Kenya assented to The Computer Misuse and Cybercrimes Act, 2018 (the “Act”) on 16th May 2018. The Act was to provide for a framework to prevent and control the threat of cybercrime, i.e. offences against computer systems. The Act stipulates its objectives as: (1) Protecting the confidentiality, integrity and availability of computer systems, programs and data; (2) Prevent the unlawful use of computer systems (including mobile devices); (3) Facilitate the investigation and prosecution of  read more

05-22-2018
Imogen Fowler, Hogan Lovells, Alicante, Spain
Iza Junkar, Hogan Lovells, Alicante, Spain
First published on Lime Green IP, www.limegreenipnews.com


adidas victorious again in defending its rights to the ...


Imogen Fowler, Hogan Lovells, Alicante, Spain, Iza Junkar, Hogan Lovells, Alicante, Spain, First published on Lime Green IP, www.limegreenipnews.comThe General Court has once again upheld adidas’ oppositions against two copycat applications for two stripes positioned on a shoe. The two decisions issued on 1 March 2018 (in Cases T-629/16 and T-85/16) come as part of the long-standing trade mark dispute between adidas and Shoe Branding.
The cases involved Shoe Branding’s two applications for position marks showing a shoe with two stripes, one was applied for footwear in class 25 and the other was applied for safety footwear in class 9. The marks were represented in both applications. adidas opposed these two applications on the basis of its various rights to the Three Stripes Mark.
The opposition in relation to the application for class 25 proceeded to the General Court, which in 2015 upheld adidas’ view that the marks at issue were similar. This finding was upheld by the CJEU (see blogpost). Following these two EU Court decisions, the EUIPO’s Board of Appeal (BoA) upheld
 read more

05-22-2018
Andrew Ndikimi, O&M Law LLP, Kenya

Legal Development in Kenya Enactment of the Computer an...


Andrew Ndikimi, O&M Law LLP, KenyaThe President of the Republic of Kenya assented to The Computer and Cybercrimes Act, 2017 (the “Act”) on 16th May 2018. The Act was to provide for a framework to prevent and control the threat of cybercrime, i.e. offences against computer systems. The Act stipulates its objectives as: protecting the confidentiality, integrity and availability of computer systems, programs and data; prevent the unlawful use of computer systems (including mobile devices); facilitate the investigation and prosecution of cybercrimes; and  read more

05-08-2018
Thibaut D’hulst, Van Bael & Bellis, Belgium
Eléonore Waterkeyn, Van Bael & Bellis, Belgium
First published on www.mondaq.com


European Union - Adidas Wins Battle against Belgian Sho...


Thibaut D’hulst, Van Bael & Bellis, Belgium, Eléonore Waterkeyn, Van Bael & Bellis, Belgium, First published on www.mondaq.comIn its judgment of 1 March 2018 in case T-629/16, the General Court of the European Union (the “Court”) dismissed the appeal brought by Shoe Branding Europe BVBA (“SB”) against the decision of the European Union Intellectual Property Office (“EUIPO”) to refuse registration for its trade mark following the opposition filed by Adidas AG (“Adidas”).
On 1 July 2009, SB filed an application for registration for an EU trade mark consisting of two parallel lines positioned on the outside surface of the upper part of a shoe, to be registered for “Footwear”. Adidas opposed the registration on the basis of Article 8(1) of Regulation No 207/2009 on the Community trade mark (the “TM Regulation”), now Regulation 2017/1001 on the European Union trade mark, i.e., the likelihood of confusion between the trade marks, and of Article 8(5) of the TM Regulation, i.e., SB’s taking unfair advantage of the reputation of the Adidas trade marks.
What followed was a long series of
 read more

04-11-2018
Olwenn Goasdoué, CMS Luxembourg
William Jean-Baptiste, CMS Luxembourg
This article was first published on Lexology


A new IP regime in Luxembourg


Olwenn Goasdoué, CMS Luxembourg, William Jean-Baptiste, CMS Luxembourg, This article was first published on LexologyThe bill of Law n°7163 implementing the new tax regime applicable to intellectual property assets (the “new IP regime”) was approved by a first constitutional vote on 22 March 2018 and should be exempt from the second constitutional vote.
It is therefore likely that the new IP regime set out in article 50ter of the Luxembourg Income Tax Law (“LITL”) will enter into force from the start of the 2018 tax year. The new IP regime will apply to any Luxembourg-resident taxpayer carrying out a business activity in Luxembourg.
An 80% exemption will apply to income and capital gains deriving from IP eligible assets according to a new calculation method, i.e. the nexus approach, meaning that a company’s R&D expenses will be an indicator of “substantial activity” allowing the taxpayer to benefit from the 80% exemption regime pro rata with the proportion of R&D expenditure. This exemption will therefore apply to revenues generated by R&D activities of the Luxembourg company and of any
 read more

04-11-2018
Alessandra Caballero Marengo-Orsini, OMC Abogados & Consultores, Peru

The Andean Touch Trademark


Alessandra Caballero Marengo-Orsini, OMC Abogados & Consultores, PeruCurrently, the position of the trademarks is very important inside any kind of business, to such an extent that these are the most value intangible that a business could have. The following situation cause that, from time to time, people search more ways to involve indirectly consumers with trademarks. In other words, what is wanted is that trademarks will be part of the consumer’s daily life, not necessarily when they see them, but also when they heard them, smell them or touch them. We can identify a trademark when we see it and, in base of our  read more