Cognate's Trademark Blog

Trademark Law Roundup: Update 8 September 2017

A number of interesting developments and articles have come in at the end of the week so we thought it would be worth registering the most relevant for you.

 

Title: Bacardi Sues Feds for Records About Disputed ‘Havana Club’ Trademark

Author: National Law Journal

Date: 7 September 2017

URL:  http://www.nationallawjournal.com/id=1202797451178/Bacardi-Sues-Feds-for-Records-About-Disputed-Havana-Club-Trademark mcode=1202615432818&curindex=1&slreturn=20170808174305

Extract:  Bacardi has taken new legal action in its long-running rum war with Cuba, this time against banking regulators in a hunt for information about how an entity owned by the island nation last year received a U.S. license to renew the disputed “Havana Club” trademark.Bacardi & Company Ltd. and Florida-based Bacardi U.S.A. Inc. on Wednesday filed a Freedom of Information Act lawsuit against the U.S. Treasury Department. The complaint in Washington federal district court said the U.S. government has failed to turn over documents Bacardi requested in January 2016 about the Treasury Department’s decision to reverse course and allow the state-owned Cubaexport to renew its “Havana Club” trademark.

 

Title:  EU Commission outlines vision for treatment of trademarks and GIs post-Brexit

Author: World Trademark Review

Date:  7 September 2017

URL: http://www.worldtrademarkreview.com/Blog/Detail.aspx?g=4a1e5919-ccd5-49e3-8e84-0c52a8614b7a

Extract:  The European Commission has released its position paper on the treatment of intellectual property rights after the United Kingdom completes its exit from the European Union. While a short document, it provides important insights into the trademarks regime that EU negotiators want to negotiate towards. There are aspects, however, that could prove divisive.

The five-page document, Position paper transmitted to EU27 on Intellectual property rights (including geographical indications, provides a high level perspective on the targeted treatment of IP in the final withdrawal agreement. As its first principle, it states that the final agreement should ensure that “the holder of any intellectual property right having unitary character within the Union and granted before the withdrawal date should, after that date, be recognised as the holder of an enforceable intellectual property right in relation to the United Kingdom territory comparable to the right provided by Union law – if need be on the basis of specific domestic legislation to be introduced”.

 

Title:  Oman joins Gulf Cooperation Council Trademark Law

Author: Inventa International

Date: 5 September 2017

URL:  https://inventa.com/en/news/article/260/oman-joins-gulf-cooperation-council-trademark-law

Extract:  The Sultanate of Oman, a nation on the Arabian Peninsula, has officially adopted the GCC (Gulf Cooperation Council) Trademark Law as of July 31, 2017.The decision, which was promulgated by Royal Decree no. 33 of 2017, was published in the Official Gazette nº 1204 on July 30, 2017.The issuance of the Implementing Regulations by the trademark authorities are expected soon and is expected to coincide with a significant increase in official fees.

 

Title:  Houston IP Law Association president calls on trademark community for support following Hurricane Harvey

Author: Trademark Review

Date: 5 September 2017

URL:  http://www.worldtrademarkreview.com/Blog/detail.aspx?g=3aea8e28-376b-4504-bab9-de13476782ad

Extract:   The president of the Houston Intellectual Property Law Association (HIPLA) has spoken to World Trademark Review about the ongoing recovery efforts in the wake of the devastation caused by Hurricane Harvey. Noting that countless members of the IP community have been severely impacted by the storm, she has urged law firms and organisations to offer space or resources if they can.As we wrote in yesterday’s article, the catastrophic effects of Hurricane Harvey has led to tens of thousands of people being displaced and businesses unable to operate across the US states of Texas and Louisiana. Recovery efforts are expected to continue for months in the worst hit areas, but in the darkness there has been light; throughout the week, there have been countless offers of assistance and financial support from organisations across the country – including those in the IP space.

 

Title:  Coachella sues “Filmchella” for trademark infringement

Author:  Law.com

Date:  5 September 2017

URL: http://www.executiveinsights.law.com/abstract/coachella-sues-filmchella-trademark-infringement-29314

Extract:  Coachella Music Festival LLC, the organization behind the popular desert-based Coachella Valley Music and Arts Festival, filed a trademark infringement lawsuit earlier this month against the organizers of “Filmchella” arguing that the name is confusingly similar to “Coachella”. According to the complaint, Filmchella, like Coachella, is an event held in Southern California, and features a variety of entertainment and musical acts. This article examines the case.

 

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