trademark

Under Armour ./. Uncle Martian; the final decision

In 2016, a new clothing brand Uncle Martian was announced in Jinjiang, Fujian Province , China. The company behind Uncle Martian is T ingfeilong Sporting Goods Co. (廷飞龙体育用品有限公司) . This brand’s logo and the name was found to be remarkably similar to a famous U.S. sportswear brand Under Armour . Under Armour announced that Uncle Martian’s use of Under Armour’s famous logo, name, and other intellectual property is a serious concern and blatant infringement. The U.S company then sued Tingfeilong Sporting Goods Co. and opened up a trademark infringement case...

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Bilateral agreement between the EU and China for the protection of geographical indications (GI)

The European Union (EU) and China signed a bilateral agreement on the protection of geographical indications (GI) on September 14, 2020. The agreement is expected to enter into force in 2021. The agreement will protect 100 European geographical indications and as many Chinese geographical indications in the EU from usurpation and counterfeiting. Within four years of its entry into force, the scope of the agreement will be expanded to include additional 175 GI names from both sides. Cooperation between the EU and China began in 2006 and resulted in the...

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Trademark infringement in OEM export trading, the HONDA case

On April 21, 2020, China’s Supreme People’s Court (SPC) released its report on the 10 significant cases and the 50 typical cases in the field of intellectual property for the year 2019.[1]

The decision of the SPC on one of the 10 significant cases regarding trademark infringement of the trademark HONDA provides an instructive guidance for determination of trademark infringement in OEM export trading .

The infringed trademarks in this case are the three “HONDA” trademarks of Honda Motor Co. Ltd. which are registered for vehicles, motorcycles in class 12. The...

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EUIPO extends time limits due to COVID-19 outbreak

EUIPO has published information on changes resulting from the spread of COVID-19 . A decision of the Executive Director extends all time limits expiring between 9 March 2020 and 30 April 2020, that affect all parties before the Office, to 1 May 2020.

In addition, the Office has put in place measures following the activation of a “state of alarm” by the Spanish government on 14 March. This introduced a limitation of movement in Spain. With effect from today (16 March), all EUIPO staff will work from home and the Office’s headquarters in Alicante will be closed to visitors. All...

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“red sole” decision between Christian Louboutin and the CNIPA

In the retrial of the trademark administrative dispute case “red sole” between Christian Louboutin and the CNIPA , the Supreme People’s Court dismissed the claim of the CNIPA on Dec. 24, 2019. The application of retrial was rejected, the decision of the Beijing Higher People’s Court was maintained.

According to decision of the Beijing Higher People’s Court in December 2018 , the trademark “red color that used on the sole” is to be considered as a mono-color trademark that the using position of the color is defined. The Beijing Higher People’s Court affirmed, mono-color...

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4th International Conference “Protection of Intellectual Property Rights"in Moscow

The 4th International Conference “Protection of Intellectual Property Rights” took place at the World Trade Center in Moscow on October 17-18, 2019.

Starke Managing Counsel Daniel Albrecht delivered a speech about the Trademark Reform 2019 in China .

About 180 attorneys and IP professional from Russia, Belarus, Italy, Germany, and the US took part at this well organized event. We learned a lot about the new IP trends in Russia and Europe and are happy to take part next year again.

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Daniel Albrecht was appointed for 2 years as a member of INTA's Anticounterfeiting Committee

Starke Managing Counsel Daniel Albrecht was appointed for 2 years as a member of INTA 's Anticounterfeiting Committee. The committee will monitor developments in treaties, legislation, regulations and other enforcement mechanisms in various jurisdictions, complete analyses and propose policy recommendations to the Board. Work includes report and submission writing, interaction with anticounterfeiting organizations and advocacy in conjunction with relevant INTA committees and staff.

The International Trademark Association (INTA) is a global association of brand owners and...

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