INTELLECTUAL PROPERTY

TRADEMARK

MEMBER OF PARLIAMENT EXPRESSES FRUSTRATION OVER THE EXTENDED DELAYS IN THE APPROVAL PROCESS FOR PATENT AND TRADEMARK APPLICATIONS IN MALAYSIA

A government backbencher, Syahredzan Johan, has raised concerns about the lengthy patent and trademark application process at the Intellectual Property Corporation of Malaysia (MyIPO). He highlighted that the processing time for applications, especially those facing objections, can take 24 to 36 months. Syahredzan urged the domestic trade and cost of living ministry to address these delays, suggesting that vacancies in senior positions at MyIPO might be a contributing factor.

https://www.freemalaysiatoday.com/category/nation/2023/11/14/mp-laments-long-wait-for-approval-of-patenttrademark-applications/

SMART LABS IS PROHIBITE D FROM USING THE T ERM " AZIWAKE " AS IT IS DEEMED TO BE DECEPTIVELY SIMILAR TO DR. REDDY'S TRADEMARKED TERM " AZIWOK"

In an interim order, the Delhi High Court has prohibited Smart Laboratories from using the mark "Aziwake", claiming it to be deceptively similar to Dr. Reddy's Lab's registered trademark "Aziwok". The restriction applies to the use of "Aziwake" with or without any prefixes or suffixes, specifically in the context of pharmaceutical preparations or any related goods or services.

https://economictimes.indiatimes.com/industry/healthcare/biotech/pharmaceuticals/smart-labs-barred-fromusing-aziwake-mark-alleged-to-be-deceptively-similar-to-dr-reddys-trademarkaziwok/articleshow/105268761.cms

LEGAL DISPUTE CONCERNING THE TRADEMARK FOR THE EXPRESSION 'TRUMP TOO SMALL'

In a recent case concerning an attempt to trademark the phrase "Trump too small", the U.S. Supreme Court, which had previously struck down parts of trademark law restricting immoral and disparaging marks, seemed hesitant to extend those rulings to a provision preventing trademarks of living individuals without written consent.

https://economictimes.indiatimes.com/news/international/us/legal-battle-over-trademark-of-the-phrase-trumptoo-small/articleshow/104924343.cms

MCDONALD'S FACES A LEGAL SET BACK AS IT LOSES A LEGAL DISPUTE OVER AN AUSTRALIAN COMPETITOR'S SELECTION OF THE BURGER NAME 'BIG JACK'

After a three-year trademark battle, McDonald's has lost its case against Hungry Jack's over the sale of "Big Jack" burgers. In 2020, McDonald's sued Hungry Jack's, alleging that the sale of Big Jack and Mega Jack burgers infringed on the Big Mac trademark. However, the federal court dismissed these claims, stating that neither of Hungry Jack's burger brands was deceptively similar to the Big Mac, and therefore, there was no trademark infringement by Hungry Jack's.

https://www.theguardian.com/australia-news/2023/nov/16/big-jack-mcdonalds-hungry-jacks-court-case-burgername-meat-content

PATENT

NIKE INITIATES LEGAL ACTION AGAINST NEW BALANCE AND SKECHERS, ALLEGING PATENT INFRINGEMENT

Nike has filed patent infringement lawsuits against competitors New Balance and Skechers, accusing them of wrongfully using Nike's technology, particularly the Flyknit fiber, known for making shoes lightweight and strong. Nike claims that Flyknit, developed after a decade of research, has significantly reduced materials waste and diverted millions of plastic bottles from landfills. Despite sending cease-and-desist letters, Nike alleges that New Balance's infringement is expanding.

https://www.cbsnews.com/news/nike-new-balanceskechers-lawsuit-flyknit/

NIPPON STEEL HAS DECIDED TO WITHDRAW ITS PATENT LAWSUITS AGAINST TOYOTA AND MITSUI

Nippon Steel has dropped lawsuits against Toyota Motor and Mitsui & Co over electrical steel sheet patents, filed in 2021, without seeking compensatory damages. However, the company continues its legal action against China's Baoshan Iron & Steel (Baosteel), asserting patent infringement and pursuing damages. Nippon Steel emphasizes its commitment to protecting intellectual property rights in technological development. Baosteel states it will actively respond to the lawsuit and defend its rights and interests.

https://www.reuters.com/business/autostransportation/nippon-steel-drops-patent-lawsuitsagainst-toyota-mitsui-2023-11-02/

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