Trade mark invalidated on ground of copyright infringement

The Registrar of Trade Marks ordered invalidation of a registeredtrade mark that was a copy of the whole of the applicant's mark‘MAX BRENNER & Device’, where use of the disputedmark was liable to be prevented by the applicant's earlier copyrightunder the provisions of the Copyright Ordinance.     

The right venue for trade mark infringement cases

Actions regarding trade mark infringements must be brought beforethe Maritime and Commercial Court and not before any other localcourt in Denmark.     

Weighing the parody factor in a trade mark infringement and dilution case

On appeal, the Fourth Circuit affirmed the district court'sdecision that Haute Diggity Dog's (HDD) parody pet toys of famousbrands was not likely to cause confusion with those of LouisVuitton Malletier's (LVM) products. LVM's copyright, trade markdilution, and other claims were also rejected.     

Comparative advertising and trade mark infringement: some guidance from the Netherlands

A recent decision of one of the five Dutch Appeal Courts hasclarified the relationship between trade mark law and advertisinglaw, holding that a trade mark owner cannot successfully accumulatetrade mark and advertising claims: where publicity complieswith the standards of advertising law, such use cannot thusamount to trade mark infringement.     

Winning the infringement war but losing the battle for damages--a case study for trade mark litigants

The Federal Court of Australia has awarded nominal damages onlyto five major American film studios which commenced proceedingsfor, and succeeded in establishing, infringement of their trademarks.     

Spanish court rules in 'Accessorize' trade marks case

The Barcelona Court of First Instance No. 1 found in favourof the claimants, owners of the famous registered trade mark‘Accessorize’ in their action for trade mark infringement,trade mark cancellation, unfair competition, and damages inrespect of the use by the defendants of the Accessori, Mr Accessoriand Accessori trade marks.     

Trade mark registration of non-conventional marks: 'Coca-Cola' in Thailand

The Supreme Court of Thailand has issued a historic decisionrelated to registering non-conventional marks in Thailand byallowing the registration of the two-dimensional shape of theCoca-Cola contour bottle as a trade mark.     

Trade mark protection: the art of styling intellectual property rights

This new commentary on the Austrian trade mark legislation,edited by Professor Guido Kucsko, is remarkable in many respects.First, it is a great achievement to gather together a team ofno less than 40 authors across all aspects of intellectual propertypractice and during a one year ‘tour de force’ puttogether an homogeneous work     

Australia: court orders doctors to pay damages to woman who contracted HIV from her husband

IN a case that received extensive media coverage, the New South Wales Supreme Court has found two doctors negligent for failing to take steps to make a bride aware that she was at risk as a result of her prospective husband's HIV infection. The court awarded the woman AUD$727,437 in damages. The couple had attended the physicians together to be tested for HIV and other sexually transmitted infections, but had received their test results separately. She subsequently contracted HIV as a result fo unprotected sexual intercourse with him.     

US: court rules deportation of HIV-positive Dominican does not violate convention against torture

The US District Court for New York has upheld a tribunal decision deporting an HIV-positive Dominican national. The court held that the tribunal did not err in finding that Rogelio Reyes-Sanchez had failed to show that he would more likely than not be subject to torture if deported. The court agreed that evidence suggesting that people living with HIV/AIDS may receive substandard medical treatment from public and private hospitals in the Dominican Republic di not constitute evidence of torture.     

UK court rules government erred in denying housing assistance to woman with HIV

In March 2002, the English High Court of Justice ruled that municipalities have a duty to use their powers to provide assistance where refusal to do so would infringe an applicant's rights under the European Convention on Human Rights and Fundamental Freedoms.     

Chromolipid storage in alveolar macrophages: a distinctive mark for cigarette smokers

Histological and cytological examinations of 188 autopsies--113 smokers and 75 non-smokers--established that cigarette smoke causes increase and multiplication of alveolar macrophages which contain inclusions of ceroid-like pigment. Acute death by fire, delayed asphyxia and putrefaction have no influence on the formation of these sudanophilic inclusions. The pigment is resistant to decomposition and lipid-solvents. It is possible to identify cigarette-smokers--even months after burial--by means of paraffin sections of lung tissue and proceeding with fat--staining methods.     

Trade mark owners' perspectives on the Madrid System: practical experiences and theoretical underpinnings

Legal context: The Madrid System for the registration of trade marks is basedon two international treaties: the Madrid Agreement Concenringthe International Registration of Marks and the Protocol Relatingto the Madrid Agreement Concerning the International Registrationof Marks. The objective of the system is to assist trade markowners in obtaining trade mark protection internationally andto facilitate their worldwide protection. Thus, the questionarises to which extent the system meets the requirements itwas designed for. Key points: This article presents the Madrid System from in internationaltrade mark owner's perspective, links the Madrid treaties withtrade, and evaluates the Madrid System from a practitioner'spoint of view. The views of trade mark owners varying in size,geographical distribution, market context and number of trademarks filed through the Madrid System have been explored ina series of 23 in-depth interviews. Practical significance: The empirical analysis underlines the important role of theMadrid System in expanding business' market coverage, but alsoshows that a major challenge will be to meet the diverse needsof business operating in varied contexts of developing and developedcountries. While trade mark owners in developed countries needa system that fits high-speed post-Fordist business operations,further awareness-raising and capacity building is necessaryto fully integrate the private sector in developing countriesand to expand participation beyond current usage levels.