Wholesalers Ability to Qualify as Average Consumers Confirmed
20th November 2020
In Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Babel Sajt Kft 2020 EWHC 2858 a UK Judge held that the Hearings Officer was wrong to hold that members of the trade do not qualify as average consumers for the purposes of evaluating the likelihood of confusion.
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Dotcom decision continues to present an “object” of consternation
10th November 2020
The Supreme Court of New Zealand has issued its decision in Ortmann, van der Kolk, Batato, Dotcom v USA and Anor [2020] NZSC 120 . The case relates, among other things, to s 131 of the Copyright Act 1994, which sets out criminal offences in relation to copyright works.
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Minimal Historical Evidence of Use Results in Shredded Specification
6th November 2020
The recent Assistant Commissioner’s decision Nitro AG v Nitro Circus IP Holdings LP 2020 NZIPOTM 23 is the first non-use decision to take into account the Supreme Court’s recent decision in International Consolidated Business Pty Ltd v SC Johnson & Sons Ltd 2020 NZSC 110 .
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China’s Revised Patent Law Passed
30th October 2020
On 17th October 2020 the Standing Committee of China’s 13th National People’s Congress (NPC) approved the Draft Amendments to China’s patent law. The amendments will take effect from 1st June 2021.
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Supreme Court Decision Strongly Encourages Searching Before Filing
16th October 2020
In International Consolidated Business Pty Ltd v SC Johnson & Sons Ltd 2020 NZSC 110 the Supreme Court partially overturned the Court of Appeal judgment , but still upheld the Court of Appeal’s conclusion that SC Johnson’s mark can proceed to registration.
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