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Stay up to date with the latest intellectual property developments from New Zealand and around the world.

US Trademark Amendment Act Will Provide New Procedures for Challenging Use Claims

25th January 2021

The Trademark Modernisation Act 2020 has the focus of improving the accuracy and integrity of the register and seeks to achieve this through new procedures for challenging inaccurate claims of use in applications and registrations.

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Judge Rejects Invalidity and Non-Use Challenges to Accidentally Ambiguous Registration

20th January 2021

In Energy Beverages LLC v Frucor Suntory New Zealand Ltd [2020 NZHC 3296] the Judge upheld the Assistant Commissioner’s rejection of invalidity and non-use challenges to Frucor’s colour mark based on the shade of green shown on the register being different to the register’s description of the trade mark and as used.

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From Riled to Filed – Sporting Inventor Makes Call on No-Ball Determinations

18th January 2021

Former cricketer Peter George was spurred into finding a more instantaneous technological solution for bowler’s front foot no-ball determinations after feeling that reliance upon TV replays detracted from enjoyment of the game for both players and spectators.

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Location of First Disclosure Crucial for Unregistered Design Rights

13th January 2021

While the end of the Brexit transition period has seen the creation of UK equivalents for registered EU IP rights, going forward the location of first disclosure of a product will determine whether UK or EU unregistered design rights can be obtained.

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CAFC Provides Pertinent Guidance on Criteria for Analogous Prior Art

11th December 2020

In Donner Technology LLC v Pro Stage Gear LLC 20-1104 the US Court of Appeal for the Federal Circuit (CAFC) clarified the approach to considering analogous art in relation to obviousness determinations.

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