Earlier this week, a German court ruled that Ferrari can no longer keep its trademark on the name “Testarossa.” Since the Italian automaker hasn’t used the Testarossa name on a car in more than two decades, the court decided it couldn’t keep others from using it. The lawsuit was brought by Kurt Hesse, head of a toy company called Autec AG. Hesse wanted to be able to use the Testarossa name on a few different products, ranging from bicycles to shavers. And he didn’t want to have to pay a licensing fee. Perhaps surprisingly, the court ruled in his favor. According to the court’s spokesperson, “A brand needs to be used to protect it, which the company has not done here.” The decision can still be appealed, but as it stands right now, the Italian automaker will have to give up its rights both in Germany and internationally. Ferrari argued that it actually does still use the name since it provides parts and restoration services to Testarossa owners. According to the court, that isn’t enough...

After I posted the first IP related material on this blog, I got a lot of response. People asked who/what is Nice. People didn't know there are different classes in trademark registration. Many people do not even know what trademark is all about. Taking the esteemed blog viewers to high level as Nice Classification at our first post has opened our eyes to the need to bring the topics home. I have attempted to answer ten of the frequently asked questions. There may be other questions which are not answered here. If yours is not answered, please send us a message at info@sapphire-legal.com or visit www.sapphire-legal.com. I shall be glad to answer them. 1 . What really is trademark? Trademark is defined under Nigerian Trade Mark Act as “a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in course of trade between the goods and some person having the right either as a proprietor or  a registered user to use the ...