Facts
The intervenor filed an invalidation action against the trademark 約克夏茶YORK SHIRETEA and a device mark (Registration 158031) in respect of services in Class 42 for a violation of Articles 30-1(8) and 30-1(11) of the Trademark Act. After examination, the defendant (ie, the IP Office) cancelled the trademark s registration. Dissatisfied, the plaintiff filed an administrative appeal with the Ministry of Economic Affairs, which was dismissed. The plaintiff then filed an administrative suit with the IP Court.
Decision
In its judgment (108-Xing-Shang-Su-Zi-109), the IP Court held as follows:
The main distinctive elements of the trademark were the English words York shire and the Chinese characters 約克夏. The English words were combined with the word tea and the Chinese characters 約克夏 were combined with the character 茶. The mark gave the impression that the Chinese term was a translation of the English term and vice versa.
In 2020 a complaint was brought against General Insurance Corporation of India (GIC) Re before the Competition Commission of India (CCI), stating that GIC Re had enhanced reinsurance rates through the implementation of certain circulars and endorsements and incorporated a contagious disease exclusion. The CCI has dismissed the complaint, holding that the allegations of GIC Re's abuse of a dominant position and imposition of excessive and unfair pricing are without basis.
In order to make the Decree for the Promotion of the Manufacturing, Maquiladora and Export Services Industry (IMMEX Decree) consistent with the new General Import and Export Duties Law and the US-Mexico-Canada Agreement (USMCA), a number of the decree s annexes have been modified. Specifically:
references to the North American Free Trade Agreement have been substituted with references to the USMCA;
the Annex I tariff items (ie, goods that cannot be temporarily imported under the IMMEX Decree) have been updated; and
the Annex II tariff items (ie, goods that must comply with specific requirements to be temporarily imported (sensitive goods)) have been updated.
The Supreme Court's judgment in the Financial Conduct Authority's test case on non-damage business interruption cover for losses arising from the COVID-19 pandemic has wide-ranging implications. In terms of the impact on property, this is a significant decision for both landlords and tenants, where premises were forced to shut under the government's instructions to businesses to close and stay at home and following the introduction of social distancing instructions in March 2020.
On 14 December 2020 Parliament passed the landmark Private Funding of Legal Services Act 2020. The act was published in the
Cayman Islands Gazette on 7 January 2021 but is subject to a commencement order and is therefore not yet in force.
Background
In the Cayman Islands, the doctrines of maintenance and champerty were both crimes and torts, which sometimes created obstacles for litigants seeking to enter into funding agreements with third parties to obtain financing for the litigation in return for a share of the proceeds.
Following the growing global prevalence of litigation funding (including in jurisdictions such as England and Wales and the British Virgin Islands, where maintenance and champerty have already been abolished), a flurry of applications seeking the approval of third-party funding agreements have come before the Grand Court in recent years. In recognising the growing limitations on the application of the maintenance and champerty doctrines, the Grand Court sough