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Personal data – When goodwill, diligence et speed prove insufficient to avoid a heavy penalty (even though reduced) – OPTICAL CENTER >> 200K€

Personal data – When goodwill, diligence et speed prove insufficient to avoid a heavy penalty (even though reduced) – OPTICAL CENTER >> 200K€

The French Conseil d’Etat has just ruled over the CNIL’s sanction against the company Optical Center dated May 7, 2018 (see our news feed https://www.ip-talk.com/en/accueil/rgpd/ 07/05/18 CNIL– Conviction for Optical Center : 250K€). On 28 July 2017, it was reported to the CNIL that personal data had been made freely accessible on Optical Center’s website.

By way of an online … Read the rest

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Blow for Hyundai as Court of Appeal upholds opposition against KONA mark for automobiles

Blow for Hyundai as Court of Appeal upholds opposition against KONA mark for automobiles

This article first appeared on WTR Daily, part of World Trademark Review, in May, 2019. For further information, please go to www.worldtrademarkreview.com

 

  • Kona USA Inc opposed registration of Hyundai’s mark KONA for “automobiles” based on earlier mark KONA for “bicycles”
  • Intellectual Property Office upheld opposition, finding that goods fell within same general category
  • Court of Appeal confirmed
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SPINNING out? The General Court annuls the EUIPO’s decision to revoke the trademark “SPINNING”

SPINNING out? The General Court annuls the EUIPO’s decision to revoke the trademark “SPINNING”

Background

Mad Dogg Athletics Inc. (the applicant) obtained the registration of their trademark SPINNING on April 3rd, 2000, for goods in classes 9 (audio and video cassettes), 28 (exercise equipment) and 41 (exercise training). Aerospinning Master Franchising, s.r.o. (the intervenor) filed an application for partial revocation of the above trademark on February … Read the rest

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IMESSAGE – Cautionary tale of an allusive trademark

IMESSAGE – Cautionary tale of an allusive trademark

In 2011, Apple introduced iMessage, its own messaging service for iOS 5 users (enabling people to send text messages for free with an Internet connection). Since then, it has struggled with IP Offices all around the world to get the trademark registered for its prime activities.

The issue each time revolves around the distinctive character of the trademark – … Read the rest

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Cybersquatting: Beware of homograph attacks!

Cybersquatting: Beware of homograph attacks!

As trademarks owners and domain names specialists are well aware, scammers and cybercriminals can be very imaginative and continuously find ways to harm trademarks and consumers by maliciously registering and using phony domain names.

 

 

Cybersquatting and typosquatting

These practices, commonly known as cybersquatting or domain squatting, notably consist in registering domain names including trademarks. Cybercriminals then intend … Read the rest