No immunity for credit card processors of counterfeit goods: Gucci allowed to press claim

Following the success of its 2008 case in which Gucci secured permanent injunctions against certain defendants, collectively known as "Laurette" for the sale of counterfeit Gucci products on a website called TheBagAddiction.com, Gucci brought proceedings in 2009 against Durango Merchant Services, Frontline Processing Corp, and Woodforest National Bank, alleging that they aided and assisted Laurette by offering credit card processing services which enabled infringing sales over the internet to take place.

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Subjects: Trade marks

Something to chew on: the Food Channel trade mark cases

In the latest Federal Court judgment dealing with issues in the ongoing trade mark dispute between Food Channel Network Pty Ltd and Television Food Network GP, the Full Federal Court has confirmed that the party opposing the registration of a trade mark bears the onus of proving a successful ground of opposition on appeal to the Court. 

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Google thumbnails get the “thumbs up” from German Court

On 29 April 2010, the German Federal Supreme Court (Bundesgerichtshof, BGH) handed down a decision that Google is not liable for copyright infringement for displaying copyright protected works as preview pictures (or thumbnails) in Google’s image search results.

The claimant in the proceedings is an artist who maintains a website that displays her works.  She alleged that Google had displayed her works as thumbnails whenever her name had been entered as a search term into Google’s search engine. 

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Subjects: Copyright

Tiffany blue: eBay prevails in Tiffany counterfeiting suit

The recent decision by the US Second Circuit Court of Appeals in Tiffany (NJ) Inc v eBay Inc confirms that brand owners bear the ultimate responsibility to stop counterfeits.   According to the Second Circuit Court of Appeals, a service provider like eBay becomes liable for contributing to infringement only when it continues to provide services to a specific individual whom it knows, or has reason to know, is selling counterfeit merchandise. 

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Subjects: Trade marks

“You can’t be a virgin all your life its time …” – that’s 10 words worth fighting for

South African company Bodtrade 54 (Pty) Ltd has succeeded in its battle against UK giant Virgin Enterprises Limited in its fight to register the mark YOU CAN’T BE A VIRGIN ALL YOUR LIFE ITS TIME.  This trade mark application for use in respect of telecommunications, cafes, restaurants and bars had been opposed by Sir Richard Branson’s company on the grounds that Virgin Enterprises is the proprietor of trade marks consisting of the word VIRGIN and the use of this mark will likely cause confusion and take “unfair advantage of, or be detrimental to”, the distinctive read more...

Subjects: Trade marks