Tag Archives: trademarks

China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. The smaller brewery was filling legitimately recycled Tsingtao bottles with their own beer. The recycled bottles did not bear the Tsingtao labels and marks, which … Continue Reading

US Trademark Modernization Act Provides New Relief to Trademark Owners

False claims of use and fake specimens of use have bedeviled the US Patent and Trademark Office (USPTO) and legitimate trademark owners for many years. The Trademark Modernization Act of 2020 (“TMA”) — part of the COVID-19 relief legislative package signed by President Trump on December 27, 2020 — provides significant relief for trademark owners’ … Continue Reading

As broad as it is long: CJEU rules that trade mark owners need not amend broad specifications

On 29 January 2020, brand owners across the EU were reassured in relation to the content of their trade mark specifications following the decision of the Court of Justice of the EU (CJEU) in Sky v SkyKick (C-371/18). The CJEU provided welcome confirmation that trade mark registrations with specifications comprising of broad terms such as … Continue Reading

Bentley Forced to Hit the Brakes

In what are challenging economic times, concentric diversification is increasingly being considered by businesses as a way of gaining an advantage over competitors. In the automotive sector in particular, manufacturers are expanding their offerings, particularly in the after-sales market, to supplement sales of traditional products. The recent High Court decision in Bentley 1962 Ltd v … Continue Reading

WIPO’s Brands Report Released

WIPO has released its latest global intellectual property report, with a focus on branding activities of organisations in the global marketplace. The report’s title is Brands: Reputation and Image in the Global Marketplace and provides new information about how global companies use their brands. For legal practitioners, in-house counsel and employees working in the branding space, it … Continue Reading

IP And The Australian Personal Property Securities Register

The Personal Property Securities Act 2009 (Cth) (PPSA) commenced operation on 30 January 2012 and significantly changed the legislative regime governing security interests in Australia.  The PPSA applies to security interests in both tangible and intangible personal property, including intellectual property (IP) and includes specific provisions that deal with security interests in relation to IP.… Continue Reading
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