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29 Jan 2014, 12:22 am
Jazz music to Jazztel's ears, the Supreme Court upheld the Madrid Court’s decision, possibly putting the nail in the coffin of Orange’s (squared) colour monopoly dream in Spain.Also recalling previous Spanish and EU case-law (among other things, the CJEU decisions in Case 104/01,  Liberteland  in Case C-49/02, Bauchemie), the Supreme Court stated that colours generally lack of distinctive character and cannot play a proper distinctive role, as consumers… [read post]
30 Jul 2020, 1:32 pm by Nedim Malovic
A consumer searching for e-cigarettes, when faced with a mark with a reputation for clothing and jewellery, will not make the required link necessary to succeed under Article 8(5) EUTMR because the goods are completely different.The decisionEarlier trade marks with a reputation in a Member State enjoy extended protection in accordance with Article 8(5) EUTMR. [read post]
20 Apr 2020, 1:46 am by Nedim Malovic
The reputation must also be prior to the filing of the contested trade mark; it must exist in the territory concerned and for the goods and/or services on which the opposition is based, andRisk of injury: registration of the contested trade mark would take unfair advantage of, or be detrimental to, the distinctive character or repute of the earlier trade markCase law (T-345/08, Rubinstein and L'Oréal v OHMI) has clarified that the requirements above are… [read post]
28 Mar 2016, 6:42 am by Second Circuit Civil Rights Blog
The district court found the village liable under the Fair Housing Act for intentional discrimination, and the Court of Appeals affirms.The case is MHANY Management v. [read post]
15 Nov 2012, 3:51 pm by Scott C. Idleman
” The first civil-law counterpart to Oliphant was issued just three years later in Montana v. [read post]