Search for: "Marcel Pemsel"
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17 May 2023, 2:18 pm
Marcel Pemsel analysed the CJEU’s General Court decision in Activa – Grillküche, which dealt with the 12-month grace period for publications under the Community Design Regulation to be protected from public disclosures of identical designs. [read post]
27 Apr 2023, 6:20 am
Trade marks Marcel Pemsel commented on a Austrian Supreme Court decision, which held that an advertiser’s obligation not to use a trade mark in an infringing manner is not diminished when it employs third-party technology that creates an ad based on an algorithm unknown to the advertiser. [read post]
4 Sep 2024, 9:47 am
Marcel Pemsel reported on the new CJEU reform which was made to reduce the workload of the Court of Justice of the EU and to increase transparency of the judicial process. [read post]
12 Mar 2025, 9:02 am
HERMES SELLIER (claimants).Marcel Pemsel looked into a recent decision of the German Supreme Court concerning copyright protection for two Birkenstock sandal designs.IP events and opportunitiesJocelyn Bosse shared upcoming IP news, events, and opportunities. [read post]
10 Dec 2023, 2:28 pm
Marcel Pemsel commented on two instances in which the EUIPO Board of Appeal assessed whether distinctive character was present in relation to cases of trade mark applications for signs portraying a specific person’s photograph.Alessandro Cerri addressed the recent decision of the Fifth Board of Appeal of the EUIPO concerning whether collective marks or PDO designations could be granted in relation to the application of two signs linked to the Italian cheese… [read post]
2 Apr 2024, 9:52 pm
Additionally, the Mark enjoyed a narrow scope of copyright protection, and since Tesco had not copied several of the original elements of the work, the Court held that Tesco had not infringed copyright.Marcel Pemsel discussed the decisions on the validity of the trade mark applications, filed in 2015, that include the geographical name 'COMPTON'. [read post]
17 Sep 2024, 11:16 pm
Marcel Pemsel reported on the recent decision of the European Union Intellectual Property Office (‘EUIPO’) on the similarity between Universal Brand Group Pty Limited (‘Universal Brand’)’s registration of EU trade mark ‘Elton’ and trade marks no. 017946692 ‘ELON’ / no. 551583 ‘ELON’. [read post]
4 Jan 2023, 1:36 am
Marcel Pemsel commented on a judgment of the General Court dealing with the difficulty of protecting tactile marks. [read post]
6 Mar 2024, 7:44 am
Amongst several other changes, the EUIPO will take on some administrative functions (but will not have a role in examination, which it does for craft and industrial products).Marcel Pemsel discussed the recent case of bonnanwalt v EUIPO (Case C-580/22), which addressed the meaning of a "lawyer" under EU law, for the purposes of representation at the CJEU. [read post]
5 Jan 2025, 11:13 pm
Marcel Pemsel commented on a recent EU General Court decision regarding the distinctiveness assessment of a trade mark for virtual products. [read post]
21 Jan 2025, 7:49 am
Marcel Pemsel reviewed a recent EUIPO Board of Appeal decision concerning the likelihood of confusion between two trade marks featuring the word “Oktoberfest”, which has become descriptive over time due to its widespread use worldwide. [read post]
16 Jul 2024, 6:15 am
The Melitopol Cherries were a significant component of Ukraine’s exports and had already been registered as a Ukrainian geographical indication since September 2020.Marcel Pemsel discussed and criticised the reasoning of the EU General Court’s decision on Nike’s “FOOTWARE” trade mark by comparing the CJEU’s Koninklijke KPN Nederland (case C-393/99 P) and Doublemint (case C-191/01 P) decisions. [read post]
17 Dec 2022, 11:50 pm
Kat friend Marcel Pemsel, who will shortly publish as a full-fledged Guest Kat, already shares his thoughts on a recent trademark decision by the General Court concerning that favorite of trade mark questions: what does the specification of goods and services cover? [read post]
