Litigation/Dispute Resolution and Trademarkshttp://www.managingip.com/RSS.aspx?FeedID=2917©2017 Managing Intellectual Property60Litigation/Dispute Resolution and TrademarksRare high penalty given in Babyzen counterfeit case in ChinaA recent rare heavy penalty and sentence for infringement of Babyzen’s strollers suggests a higher penalty trend in China. A new amendment to its Anti-unfair Competition Law comes into effect next month, which has increased the maximum statutory compensation availablehttp://www.managingip.com/Article/3775656/Rare-high-penalty-given-in-Babyzen-counterfeit-case-in-China.htmlThu, 14 Dec 2017 16:30:00 GMTWomen in IP Interview: Min Gao, senior IP counsel, adidas ChinaManaging IP speaks to Min Gao, winner of the Managing IP In-house Award at the 2017 Euromoney Legal Media Group Asia Women in Business Law Awards, for our latest Women in IP interview serieshttp://www.managingip.com/Article/3773292/Women-in-IP-Interview-Min-Gao-senior-IP-counsel-adidas-China.htmlWed, 06 Dec 2017 23:30:00 GMTRed Bull decision makes colour combination EUTMs “effectively impossible”The EU General Court’s Red Bull judgment reinforces the difficulty of registering colour combination trade marks in the EU, and signals “death knell” for Red Bull’s attempt to register its blue and silver combinationhttp://www.managingip.com/Article/3772074/Red-Bull-decision-makes-colour-combination-EUTMs-effectively-impossible.htmlMon, 04 Dec 2017 04:00:00 GMTINTA reveals position on Brexit IP issuesThe International Trademark Association has released a paper outlining its concerns about the impact of Brexit on intellectual property rightshttp://www.managingip.com/Article/3771073/INTA-reveals-position-on-Brexit-IP-issues.htmlWed, 29 Nov 2017 23:45:00 GMTWIPO study sheds light on value of "intangible capital" in manufactured goodsWIPO Director General Francis Gurry says intangible capital determines success in the marketplace. "Intellectual property, in turn, is the means by which companies secure the competitive advantage flowing from their intangible capital"http://www.managingip.com/Article/3768777/WIPO-study-sheds-light-on-value-of-intangible-capital-in-manufactured-goods.htmlWed, 22 Nov 2017 05:00:00 GMTCourt of Appeal hails London black cabs as not distinctiveIn another ruling demonstrating the difficulty for UK trade mark owners to protect their designs, the Court of Appeal has upheld a ruling that The London Taxi Company’s trade marks are invalid. The case would present some interesting issues were it to be pursed to the Supreme Courthttp://www.managingip.com/Article/3764016/Court-of-Appeal-hails-London-black-cabs-as-not-distinctive.htmlThu, 02 Nov 2017 23:30:00 GMTTTAB rule changes having an impactIn a review of the biggest US trade mark issues, Wolf Greenfield’s John Welch says two rule changes are having a big impact at the TTAB while the issue of USPTO attorneys' fees in district court cases is worth watchinghttp://www.managingip.com/Article/3761747/TTAB-rule-changes-having-an-impact.htmlTue, 24 Oct 2017 23:00:00 GMTBGH confirms trade mark protection for Ritter Sport's square chocolate packagingA decision from the Bundesgerichtshof is good news for owners of 3D trade marks, as Rembert Niebel, Markus Hecht and Birgit Clark explainhttp://www.managingip.com/Article/3760781/BGH-confirms-trade-mark-protection-for-Ritter-Sports-square-chocolate-packaging.htmlFri, 20 Oct 2017 14:45:00 GMTLandmark decision in South Africa in Twist trade mark caseDineo Modibedi and Kelly Thompson report on the recent Supreme Court of Appeal judgment in a trade mark dispute between PepsiCo and Atlantic Industrieshttp://www.managingip.com/Article/3755639/Landmark-decision-in-South-Africa-in-Twist-trade-mark-case.htmlFri, 29 Sep 2017 15:45:00 GMTGrey goods in the UK: The practical significance of R v CThe UK Supreme Court’s decision in R v C that there is criminal liability for dealing in grey goods which the trade mark owner has not authorised for sale has been hailed as great news for brand owners. Anna Carboni, Darren Meale and Arty Rajendra give their opinion on whether it catches parallel imports and what it means for brand owners, grey goods dealers and enforcement authoritieshttp://www.managingip.com/Article/3747005/Grey-goods-in-the-UK-The-practical-significance-of-R-v-C.htmlThu, 31 Aug 2017 16:45:00 GMTNew Balance scores win in Chinese trade mark infringement caseNew Balance has won in a trade mark infringement dispute in a first instance decision from the Suzhou Intermediate People’s Court. The court ordered the defendants to pay damages and legal costs of Rmb10 million ($1.5 million) in a case involving the use of the shoemaker’s slanting logohttp://www.managingip.com/Article/3746979/New-Balance-scores-win-in-Chinese-trade-mark-infringement-case.htmlThu, 31 Aug 2017 15:30:00 GMTGoogle genericide saga continuesIn May, the Ninth Circuit Court of Appeals ruled that the phrase “Google it” was not genericide - but now the plaintiffs in the case are asking the Supreme Court to take another look at the issues raised by that decisionhttp://www.managingip.com/Article/3745754/Google-genericide-saga-continues.htmlFri, 25 Aug 2017 17:15:00 GMTNew conditions for IP-related crimes in VietnamVietnam's new Penal Code introduces monetary thresholds in addition to "commercial scale" standard for IP enforcement and narrows the scope of trade mark-related crime. Tran Manh Hung, Do Tran Thanh and Any Duc Nguyen explain the implicationshttp://www.managingip.com/Article/3741870/New-conditions-for-IP-related-crimes-in-Vietnam.htmlWed, 16 Aug 2017 13:45:00 GMTNew Zealand launches geographical indications register for wines and spiritsEighteen priority applications have been filed after New Zealand’s GI Act came into effect. Coordination is needed on determining boundaries, and potential issues include interpretation and how GIs are negotiated in free trade agreementshttp://www.managingip.com/Article/3740955/New-Zealand-launches-geographical-indications-register-for-wines-and-spirits.htmlMon, 14 Aug 2017 01:00:00 GMTUnder Armour wins trade mark case in ChinaThe People’s Higher Court of Fujian Province has granted Under Armour a preliminary injunction, a rarity in trade mark cases before the Chinese courts, in its dispute with Uncle Martianhttp://www.managingip.com/Article/3740632/Under-Armour-wins-trade-mark-case-in-China.htmlThu, 10 Aug 2017 19:15:00 GMTUK: Grey goods caught by criminal lawThe UK Supreme Court has confirmed that criminal liability under Section 92 of the Trade Mark Act 1994 also covers dealing in grey market goods which the trade mark owner have not authorised to be sold or distributedhttp://www.managingip.com/Article/3739069/UK-Grey-goods-caught-by-criminal-law.htmlThu, 03 Aug 2017 10:30:00 GMTMichelin bursts Continental's trade mark applicationThe Court of Justice of the EU upheld a finding of likelihood of confusion between Michelin's X trade mark and Continental's application to register XKing - even though the EU General Court had "erred in law"http://www.managingip.com/Article/3737794/Michelin-bursts-Continentals-trade-mark-application.htmlWed, 26 Jul 2017 17:30:00 GMTWhen is a unitary right not a unitary right?The Court of Justice of the EU has provided guidance on the scope of protection of EU trade marks, in its judgment in a case involving the marks Kerrygold and Kerrymaidhttp://www.managingip.com/Article/3735180/When-is-a-unitary-right-not-a-unitary-right.htmlFri, 21 Jul 2017 10:45:00 GMTIP arbitration amendment bill passed in Hong Kong but hurdles remainThe Hong Kong government has passed amendments to the territory’s arbitration ordinance to clarify that IP rights can be the subject of arbitrationhttp://www.managingip.com/Article/3733210/IP-arbitration-amendment-bill-passed-in-Hong-Kong-but-hurdles-remain.htmlFri, 14 Jul 2017 11:30:00 GMTDisparagement clause offends First Amendment, says SCOTUS in TamOn Monday June 19, the Supreme Court handed down its 8-0 unanimous (Justice Gorsuch took no part) decision in Matal v Tam (formerly Lee v Tam), finding that the disparagement clause of US trade mark law is unconstitutionalhttp://www.managingip.com/Article/3726545/Disparagement-clause-offends-First-Amendment-says-SCOTUS-in-Tam.htmlTue, 20 Jun 2017 11:15:00 GMTChina's victims of IP infringementChina is viewed by many IP rights owners as the source of counterfeits. But, as Shaun Tan reports, Chinese companies are also victims of IP infringementhttp://www.managingip.com/Article/3725208/Chinas-victims-of-IP-infringement.htmlWed, 14 Jun 2017 12:30:00 GMTInterview: Revamping INPI in ArgentinaDámaso Pardo has been running Argentina’s patent and trademark office for almost a year. As he told Michael Loney, he has established a strategic plan with three main goalshttp://www.managingip.com/Article/3721895/Interview-Revamping-INPI-in-Argentina.htmlThu, 01 Jun 2017 07:00:00 GMTGood things come to those who wait at INTAA record number of trade mark professionals attended the INTA Annual Meeting. So did Managing IP, publishing our Trademark Times newsletter. The overwhelming feeling was Barcelona was a great city to hold the meeting in, but challenges including long lines, an over-packed finale and even muggingshttp://www.managingip.com/Article/3721985/Good-things-come-to-those-who-wait-at-INTA.htmlThu, 01 Jun 2017 01:30:00 GMTThe corporate IP stars of 2017Managing Intellectual Property IP STARS has published its 2017 list of highly recommended in-house counsel who deal with IPhttp://www.managingip.com/Article/3721506/The-corporate-IP-stars-of-2017.htmlWed, 31 May 2017 10:00:00 GMTIntermediary liability in ChinaChristian Peugeot, President of Unifab and marketing director of PSA, talks to Shaun Tan about China’s draft e-commerce lawhttp://www.managingip.com/Article/3719681/Intermediary-liability-in-China.htmlWed, 24 May 2017 10:00:00 GMTThe virtual INTA exhibition hallThe INTA Exhibition Hall is always busy. We took a look at some of the new services and competitions being offered by exhibitorshttp://www.managingip.com/Article/3719571/The-virtual-INTA-exhibition-hall.htmlTue, 23 May 2017 14:15:00 GMTSurvey: The truth about conferencesEver wondered if your peers attend events in the same way that you do? Ahead of the INTA Annual Meeting in Barcelona, IP STARS conducted an online survey. Michael Loney reportshttp://www.managingip.com/Article/3719378/Survey-The-truth-about-conferences.htmlTue, 23 May 2017 13:30:00 GMTNews from IP officesAn open house session with IP office representatives yesterday provided INTA Annual Meeting registrants with the latest IP developments in their respective countrieshttp://www.managingip.com/Article/3719364/News-from-IP-offices.htmlTue, 23 May 2017 13:15:00 GMTTips for avoiding horror stories in ChinaDan Plane of Simone Intellectual Property Services Asia yesterday gave INTA Annual Meeting attendees the latest advice on protecting brands in China, during the “A Passage out of China – Is It Any Easier?” session.http://www.managingip.com/Article/3719363/Tips-for-avoiding-horror-stories-in-China.htmlTue, 23 May 2017 13:15:00 GMTThe Top 250 Women in IP (2017)Managing Intellectual Property IP STARS has published its annual list of the leading female IP practitioners in private practicehttp://www.managingip.com/Article/3719202/The-Top-250-Women-in-IP-2017.htmlTue, 23 May 2017 08:00:00 GMT