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Amazonâs win over Polo Club: a fundamental mistake?
19-02-2021
27-04-2017
The English High Court has found in favour of Amazon in a dispute over the sale and visibility of goods in the UK/EU territory. The ruling is a worrying one which could lead to an upheaval in trademark litigation, argues Aaron Wood of Blaser Mills.
In the judgment handed down in
Lifestyle Equities CV & Anor v Amazon UK Services on January 27, 2020 the English High Court found in favour of Amazon, concluding that the Amazon.com website did not “target” the UK.
The court also held that sales through the website could not be prevented by the brand owner.
New Balance wins massive trademark case against Chinese brand New Barlun Details 10 February 2021
Yes, there s a Chinese sportswear brand called New Barlun. Yes, it would be easy to confuse their logo and product design with the American sportswear brand New Balance. And yes, a court in China felt the same way, awarding a landmark trademark victory to New Balance in the sum of about US$3.85 million (RMB 25 million) in damages.
The Shanghai Huangpu District Court ruled that defendants New Barlun (China) Co and Shanghai Shiyi Trade Co violated New Balance s trademark rights, as their shoes marked with a similar N logo were both visually and conceptually similar to the American brand. Additionally, the defendants had been acting in bad faith by not following a previous interim injunction to cease production, all while benefitting from the similarity and New Balance s reputation abroad.
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While 2019 was historic in terms of the changes it brought to
Canadian trademark law, 2020 was unprecedented, bringing the world
together in a common quest to combat the COVID-19 pandemic. Yet,
despite considerable turmoil and disruption, Canadian trademark
practitioners remained resilient and active. Many of the amendments
to the Canadian
Trademarks Act, implemented in 2019,
received considerable attention and review by the Examination
Section of the Trademarks Office as well as the Opposition Board.
In addition, the Federal Court and Federal Court of Appeal provided
valuable guidance in several noteworthy decisions. The following