The plaintiff, which has been using PETSHOP as a non-registered trademark since 2008, sought the invalidation of PETSHOP for “musical instruments” in Class 15
The IP Court denied the plaintiff’s claims based on its earlier rights in the non-registered mark since the plaintiff’s earlier use did not relate to Class 15 goods
However, the court concluded that the defendant’s PETSHOP mark had been filed in bad faith
A recent case involving the mark PETSHOP reflects the common…
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Anti-suit injunctions ("ASI") issued by Chinese courts, which prevent parties of proceedings concerning standard-essential patents ("SEPs") from bringing proceedings against each other in different countries, have made the “jurisdiction of the court" a controversial issue.
As is known, in the case of SEPs, the first issue that confronts the patent holder and the company implementing the SEP is whether a licence has been asked, offered and/or granted on Fair, Reasonable and…
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Would you like to hear more about the chef’s recommendation? First, as a starter, some background information will be provided on a trademark dispute in Turkey that has a culinary theme, with the following steps taken at the administrative stage:
The owner of the above-left trademark opposed a third-party application for the above-right trademark before the Turkish intellectual property office, by addressing the entire coverage of the filing under the Nice Classification…
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To address the challenges arising from the obligation to make payments in Turkish Lira in sale of goods contracts, which are frequently encountered in commercial life, an amendment was made in 2022 to the Communiqué on the Decree numbered 32 Regarding the Protection of the Value of the Turkish Currency (the "Communiqué"). This amendment allowed the contract value to be paid in foreign currency for certain movable sale contracts, except for vehicle contracts, concluded between…
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The case involved a well-known clothing retail company’s blue-and-white colour combination mark, which was opposed by a cosmetics company
The courts found that the colour combination lacked distinctiveness for the relevant goods and services
The case highlights the PTO’s role in examining colour combinations based on absolute grounds during ex ofcio proceedings
Under trademark law, distinctiveness is essential for a mark to function as a source identier, especially when it…
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One of the most striking developments in the music industry in 2023 was the release of the song “Heart on my Sleeves” by an anonymous user named “Ghostwriter” using the AI-created voices of world-famous singers Drake and the Weekend. However, the song “Heart on my Sleeves” did not exist in the music market for a long time due to the removal of the song from the relevant platforms after Universal Music filed a notice of intellectual property infringement. Although the song was…
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