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12 Sep 2023, 8:48 am
The judges referred to the CJEU decision in Parfums Christian Dior v Evora (C-337/95), which found that damage to the reputation of a trade mark can be a legitimate reason within the meaning of the provision. [read post]
11 May 2015, 3:57 am
The Bronx Bombers offered substantial evidence regarding the duration and extent of the advertising of the mark, and the sales of goods and services under the mark. [read post]
31 Aug 2021, 10:59 am
The result is, of course, that the second-hand dealer gets some advantage from the trade mark. [read post]
10 Jan 2011, 10:10 am
In the event that Products 4U had published its ad on Google.at, this criteria would certainly be fulfilled following the criteria which the ECJ laid down in C-236/08 - C-238/08, Google France and Google, ditto in C-278/08, Bergspechte, because the ad does not make it clear that the goods and services which are being advertised do not originate from the trade mark proprietor or from an undertaking which is commercially linked with it, but from a third… [read post]
18 Jan 2019, 5:22 am
The EUIPO Cancellation Division provided it further to an application for revocation filed by Irish company Supermac (Cancellation No 14 788 C).What happened? [read post]
15 Jun 2020, 2:37 am
” The Board finally determined: "[C]onsidered as a whole, Opposer’s evidence establishes that the KÜHL trademark for clothing has achieved moderate commercial strength, but the evidence falls short of clearly establishing that the mark is famous. [read post]
9 Apr 2019, 8:29 am
By Dawn C. [read post]
22 Feb 2022, 4:04 am
In 2016, EOS filed an application at the EUIPO to register a 3D trade mark in black and white, depicted above, in Classes 3 (including non-medicated lip balms), 5 (including medicated lip balms), and 21 (including containers for cosmetics).The application was objected by the examiner in respect of all the goods. [read post]
9 Mar 2008, 2:28 pm
Here's a neat judgment of the Court of Justice on the free movement of goods. [read post]
11 Jul 2022, 4:21 am
"[C]onsumers will likely view the terms FRESH and ROSE FARM in their descriptive senses rather than source-identifying elements of either mark. [read post]
14 Sep 2017, 5:25 am
”....).Indeed, the court, continued, “[c]ase law also suggests that direct or actual competition with the same or similar goods/services is required for an infringement claim to survive. [read post]
17 Sep 2019, 11:28 am
Challender & Douglas C. [read post]
24 Oct 2019, 9:19 am
So the mark was lost for the goods and services to which those marks were applied – such as restaurant services. [read post]
20 Apr 2020, 1:46 am
The necessity of a ‘link’ is not explicitly mentioned in Article 8(5) EUTMR but has been established through case law, notably in C-408/01, Adidas and C-252/07, Intel.Since the contested goods in Class 28 include decorations for Christmas trees, toys, games, appliances for gymnastics and toy for animals, the Opposition Division also considered that the goods may display a link with the opponent’s reputed goods in Class 16 as the former… [read post]
16 Sep 2019, 8:30 am
In the specific case, with regard to the clothing sector, the CJEU recognized that it is usual to place a mark on both the exterior of the goods and the labels sewn on the inside of them. [read post]
15 Aug 2020, 4:05 am
The present case will probably add to the discussion of the role of polls in trade mark law. [read post]
8 May 2015, 9:18 am
Another controversial case entailing a community trade mark consisting of the shape of a product has kept first the General Court, and then the Court of Justice, busy.This latter gave its judgment in case C-445/13 P confirming the General Court's findings on the invalidity for lack of distinctive character - Article 7.1.b of Regulation 207/2009 - of the three dimensional mark held by Voss of Norway ASA, namely a transparent cylindrical bottle featuring… [read post]
9 Sep 2015, 2:49 am
In this post, I would like to take a closer look at Attorney General Wathelet's opinion on the second question, which is:Where a shape consists of three essential features, one of which results from the nature of the goods themselves and two of which are necessary to obtain a technical result, is registration of that shape as a trade mark precluded by Article 3(1)(e)(i) ["nature of the goods"] and/or (ii) ["technical necessity"] of [the Trade… [read post]
21 Apr 2023, 4:21 am
The Board granted a petition for cancellation of a registration for the mark ULTRA SUN for "[c]osmetic sunscreen preparations; sunscreen creams; water resistant sunscreen, sunscreen preparations," finding that the mark was not in use as of the deadline for filing Respondent Sun Precautions' statement of use in the underlying application. [read post]
16 Apr 2008, 1:11 am
Trade mark lawyers will be interested in a recent ruling by the European Court of Justice (ECJ) in the case of Adidas v Marca Moda, C&A Nederland, H&M & others. [read post]
