Issue 85
  January 2018
Contents:
 

Scammers jailed

>  
 

Scandalous marks

>  
 

Spring Team Meeting

>  
 

New study on GIs

>  
 

IP Key China

>  
 

News from EUIPO

>  
 

Field Notes: Play-Doh

>  
 

New GI/TSG emblem in Turkey

>  
 

TM changes in Argentina

>  
 

Hague Workshop and Social Media Webinar

>  
 

Hague Agreement developments

>  
 

Media Roundup

>  
 
Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

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Scammers jailed over misleading invoices

Fraudsters in Sweden have been sentenced to prison for their role in sending misleading invoices to EUTM owners using the letterhead “OMIH”, in a case in which MARQUES gave evidence.


The Court of Appeal handed down its judgment in the Uppsala trade mark scam case on 20 December 2017 following a criminal trial.

The case involved more than 20 people who had sent misleading invoices. At first instance, some of them were given prison sentences for attempted fraud but not for actual fraud. The Swedish prosecutor appealed this finding and the Court of Appeal found the two ringleaders guilty of complete gross fraud.

The Court also approved claims for damages presented by some of the recipients who had made payments when they received the fraudulent invoices.

One of the recipients of a misleading invoice was MARQUES, and Willem Leppink of Ploum (pictured right), who chairs the MARQUES Anti-Fraud Task Force, gave evidence in the trial in Sweden. He said:

"MARQUES welcomes this appeal judgment that sets a precedent and sends out a clear signal that trade mark scams cannot be tolerated. The MARQUES membership, like the rest of the trade mark community, has been very worried about these trade mark scams and has always been frustrated so far about the possibilities to stop such scams. The MARQUES Anti-Fraud Task Force plays an active role in the Anti-Scam Network in which EUIPO, WIPO, National Intellectual Property Offices, user associations participate. This is a clear result of that collaboration. MARQUES is grateful for the tenacious efforts of EUIPO and the Swedish prosecutor to bring this matter to this result. MARQUES is also grateful to all those MARQUES members that assisted in helping to collect evidence and background. As MARQUES also advocated during the appeal hearing in Stockholm, MARQUES understands that victims of these scams are perhaps ashamed that they paid, but they should not be and report scams to user associations and law enforcement. The Stockholm judgment encourages MARQUES to continue its battle against the scams."

MARQUES is strongly involved in the battle against trade mark scam invoices, and participates in the Anti-Scam Network with EUIPO, WIPO, national offices and other user associations.

The Office has prepared a summary of the judgment, available online.

There is also an article about the case in WIPR (subscription/trial required for full access).
 

Scandalous marks: a global guide

In connection with the well-received presentation at last year's Annual Conference, the MARQUES IP Emerging Issues Team has compiled a table showing rules on immoral and scandalous marks in 39 countries. Kate Swaine and Laetitia Lagarde introduce it.

Read More >>

Book now for Spring Team Meeting

The 16th MARQUES Annual Team Meetings will take place on 8 and 9 March 2018 in the Gran Hotel Miramar, Paseo de Reding, 22, 29016 Málaga, Spain. Booking is now open for Team and Council members.

Read More >>

New study on GIs

 

IP Key China project to support EU firms in China

A study on the ‘Protection and Control of Geographical Indications for Agricultural Products in the EU Member States’ was published by the European Observatory on Infringements of Intellectual Property Rights in December.

 

IP Key China, launched on 17 January, aims to strengthen and support the IP system in China through specialised collaboration with the EU.

Read More >>   Read More >>

Latest news from EUIPO

Recent announcements from EUIPO include the launch of the User Satisfaction Survey, cooperation initiatives, JPO records being added to DesignView and new seminars and webinars.

Read More >>

Field Notes from the Outer Borders: Play-Doh applies for rare smell mark in US


In the latest in its series of Field Notes concerning unusual trade marks, Janet Satterthwaite of the IP Emerging Issues Team looks at Hasbro’s attempt to register the distinctive smell of a can of Play-Doh as a trade mark.

Read More >>

New GI/TSG emblem in Turkey

 

Big trade mark changes proposed in Argentina

Özlem Fütman of the MARQUES GI Team explains the new rules on labelling traditional specialities guaranteed and geographical indications in Turkey.

 

Emergency Decree No 27/2018 includes substantial amendments to the Trademark Law designed to shorten prosecution and simplify opposition, cancellation for non-use and nullity procedures. Marco Rizzo Jurado explains.

Read More >>   Read More >>

Coming soon: Hague Workshop and Social Media/Marketplaces Webinar

MARQUES will host the next in its series of Hague Agreement workshops in Copenhagen on 15 March, and there will be a webinar on protecting IP rights in social media and online marketplaces on 29 March.

Read More >>

Latest Hague Agreement developments

 

MARQUES Media Roundup

WIPO has published information regarding the Hague Agreement’s application in Russia and Spain.

 

The MARQUES Class 46 and Class 99 blogs include the latest news and analysis of decisions from the CJEU and national courts, legislative developments and upcoming events. Sign up to receive email alerts.

Read More >>   Read More >>

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