International trademark law update
European Union: Weak element of complex trademark may be dominant
In Travel Service as v OHIM, the General Court has held that there was a likelihood of confusion between the marks SMARTWINGS and EUROWINGS for aviation-related activities. Among other things, the court stated that the possibly weak distinctive character of an element of a complex mark does not necessarily imply that that element cannot constitute a dominant element.
In Travel Service as v OHIM, the General Court has held that there was a likelihood of confusion between the marks SMARTWINGS and EUROWINGS for aviation-related activities. Among other things, the court stated that the possibly weak distinctive character of an element of a complex mark does not necessarily imply that that element cannot constitute a dominant element.
International: UDRP complaint denied despite respondent’s ‘thin’ evidence
In Dolce & Gabbana srl v Independent Digital Artists, Italian fashion company Dolce & Gabbana srl has failed to obtain the transfer of the domain name ‘dandg.com’, despite its trademarks in the term ‘D&G’. The respondent was able to convince the panel of his rights and legitimate interests in the domain name, even though his evidence was ”somewhat thin in terms of proving business activity in the conventional sense”.
United States: Church’s trademark valid – even though religions cannot be trademarked
In General Conference Corporation of Seventh-Day Adventists v McGill, addressing the issue of whether a church can claim trademark protection, the US Court of Appeals for the Sixth Circuit has affirmed the denial of a pastor’s motion to dismiss and affirmed a partial summary judgment in favour of the plaintiff that the pastor’s use of the mark SEVENTH-DAY ADVENTIST created a likelihood of confusion.
“World Trademark Review”: 08.10.2010
