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Africa IP highlights 2023: Trade marks

The IPKat

February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law. Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan. Today, it’s about the trade marks. Katpost on the decision here.

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China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

IP Tech Blog

The recycled bottles did not bear the Tsingtao labels and marks, which had been replaced by the label and trademarks of the smaller brewery. In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer.

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China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

LexBlog IP

The recycled bottles did not bear the Tsingtao labels and marks, which had been replaced by the label and trademarks of the smaller brewery. 7) causing harm to other’s exclusive rights to use registered trademarks.” 7) causing harm to other’s exclusive rights to use registered trademarks.”

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Trademark Infringement in the Digital Age

IP and Legal Filings

Trademark owners frequently used cease and desist letters to pressure infringers to stop using their marks without authorization before taking legal action. The registration and management of trademarks was another essential component.

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SpicyIP Weekly Review (February 6- February 12)

SpicyIP

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. In this case, the Plaintiff, who is the proprietor of the mark “Footlockers” since 1988, has not used it for 30 years. vs M/S Sach Industries & Ors.

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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. Tam (2017) and Iancu v. The text of Section 2(c) is viewpoint-neutral.