Court Case: A Cybersquatting Case Brought To Court For Hearing In Vietnam

in Case Studies, Newsletters/ Publications

https://kenfoxlaw.com/wp-content/uploads/2021/09/Mondaq-A-Cybersquatting-Case-Brought-To-Court-For-Hearing-In-Vietnam.pdf

O.S GmbH is a multinational lighting manufacturer headquartered in Munich, Germany ("the plaintiff"). The plaintiff is the owner of a series of OSRAM trademark for lighting apparatus, especially electric lamps and luminaires; parts of the aforesaid goods; light-emitting diode lamp modules, being protected in Vietnam. The plaintiff detected that two ccTLD (osram.com.vn) and (osram.vn) ("Disputed Domain Names") were registered in 2014 by a natural person in Vietnam, N.D.T ("the defendant") and were resolved to the defendant's active websites. The websites under the Disputed Domain Names were promoting and offering for sale of the plaintiff's products bearing the "OSRAM" mark. ...

23 September

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Copyright – a powerful and effective tool to repress trademark and industrial design infringements in Vietnam

Posted by KENFOX IP

in Newsletters/ Publications, Notable Articles

The Intellectual property of reputable and well-known businesses is perpetually the target of imitation, copying and counterfeiting. Practice indicates that enforcing trademark and industrial design rights in Vietnam presents numerous challenges, exacerbated by the length of time required to examine trademark industrial design applications in Vietnam. The actual examination time for a trademark application can range between 16-18 months, or even several years, if the trademark is opposed by a third party or is refused by the Intellectual Property Office of Vietnam. The prolonged time for trademark industrial design examination in Vietnam contributes significantly to the aforementioned situation, and at the...

23 September

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Proper brand protection strategy: urgent requirement for enterprises

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in Newsletters/ Publications, Notable Articles

A proper brand protection strategy is a compulsory requirement for Vietnamese companies to survive and develop their products in the context of domestic brand names being registered by overseas competitors. Nguyen Vu Quan, trademark and copyright manager at KENFOX IP & Law Office, writes about the needs for domestic firms to register their brand names internationally....

23 September

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Court Case: A Cybersquatting Case Brought To Court For Hearing In Vietnam

Posted by KENFOX IP

in Case Studies, Newsletters/ Publications

23 September

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Invalidating a bad-faith trademark registration in Vietnam

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in Newsletters/ Publications, Notable Articles

Bad-faith trademark registration is largely seen in Vietnam nowadays, especially since foreign investors are shifting production from China to Vietnam following the recent US-China trade war. Trademarks in Vietnam are generally awarded on a “first-to-file” basis, as opposed to a "first-to-use" system, resulting in floods of trademark applications, many of which imitate or mimic foreign reputable brands that have yet to expand into the Vietnamese market. Invalidating a trademark registered in bad faith in Vietnam is not always easy, as the country's IP Law does not define or contain specific provisions on bad faith. However, Snap Inc., a US-based company,...